SUDHIR MUKUND JOSHI Vs. NANDKISHOR KASHINATH JOSHI

JUDGEMENT

(1.) HEARD Shri P. V. Mandlik, Advocate for the appellant and Smt. Deshmukh, Advocate for the respondent No. l None appeared for respondent No. 2.

(2.) THIS second appeal is preferred by Sudhir, one of the legal representatives of Mukund (original defendant) against the judgment and decree dated 30/9/1991 passed by the 3rd Additional District Judge, jalna in Regular Civil Appeal No. 63 of 1985 whereby the first appeal preferred by the present appellant and the respondent No. 2 came to be dismissed confirming the judgment and decree dated 19/2/1985 passed by the Joint Civil Judge, Junior Division, Jalna in favour of the plaintiff.

(3.) THE second appeal has been admitted at the motion hearing on 26/12/1991 on ground Nos. 3,5,8, 12 and 13. However, at that time, substantial questions of law were not formulated. So, in view of the above referred grounds so also after going through the judgments of the courts below, following substantial questions of law are formulated with the assistance of learned counsel for both the parties :