RUKHMABAI Vs. SAMADHAN

JUDGEMENT

(1.) By order dated 17.4.2013 the notices were issued for final disposal of this Second Appeal upon substantial question of law formulated as follows :

(2.) Heard submissions advanced on behalf of Shri A.V.Bhide, learned counsel appearing for the appellant who questions the validity and legality of the judgment and order, passed in Regular Civil Appeal No.91 of 2005, decided on 24.8.2012, whereby the judgment and decree passed in Regular Civil Suit No.99 of 1998 was set aside and the suit was dismissed with costs.

(3.) The facts in a nutshell, are thus: