CHANDRAKANT BUDO NAIK Vs. GOPAL VISHNU NAI PANVELKAR

JUDGEMENT

(1.) This is plaintiffs second appeal arising from Civil Suit No. 239/1985/c.

(2.) This second appeal was admitted, but no substantial question/s of law were framed. Heard Shri S. N. Walwaikar on behalf of the appellant/plaintiff and Shri S. M. Usgaoncar on behalf of the respondents/defendants.

(3.) As per Shri Wahvaikar questions (i) , (ia) and (iii) as formulated in prayer e of the Memorandum of appeal are substantial questions of law which are required to be decided by this Court in this second appeal. As per Shri usgaonkar, the learned Counsel of the defendants, none of the said questions arise when considered in the light of the law laid down by the Supreme Court in the case of (Santosh Hazari v. Purushottam Tiwari deceased by LRs. ) , 2002 (Supp. 2) Bom. C. R. (S. C. ) 746 : 2001 (3) S. C. C. 179.