BASANTILAL Vs. RAMASHANKAR

JUDGEMENT

(1.) Second Appeal No.164 of 2002 is filed by Basantilal Motilal Tiwari and Second Appeal No.198 of 2002 filed by Ramashankar Kantaprasad Tiwari are directed against Judgment and order dated 10-12-2001 passed by 3rd Additional District Judge, Nagpur in Regular Civil Appeal No.283 of 2000 which was partly allowed allowing one-third share to the Ramashankar (Original Plaintiff) and one-third share each to Basantilal (Ori. Defendant No.1) and Umashankar (Ori. Defendant No.2). Both the appeals arose out of the Judgment and order dated 14-01-2000 passed by the 5th Joint Civil Judge Senior Division at Nagpur in Special Civil Suit No.692 of 1988 whereby the suit was dismissed by the trial Court.

(2.) Second Appeal No 164 of 2002 was admitted by this Court on 2nd May 2005 on the following substantial Questions of law:-

(3.) Second Appeal No.198 of 2002 was admitted by this Court upon following substantial questions of law :-