SAVITRI POTO GAONKAR Vs. JAGANATH CAU BHOMKAR

JUDGEMENT

(1.) The appellants are the original plaintiffs and the respondents are the original defendants. The appellants are challenging the judgment and order passed by both the lower Courts dismissing the suit of the plaintiffs on the preliminary issue by holding that the suit is not maintainable being barred by Rule (92) (3) of order XXI of the Civil Procedure Code. The second appeal was admitted on 04/02/2000 and an ad-interim relief was granted in Civil application No. 172 of 1997. The second appeal was admitted on the substantial questions of law formulated in para 2 of the appeal Memo which are reproduced herein below:-

(2.) Brief facts are as under :-

(3.) There is a long chequered history of several litigations between the parties and since the litigations are interlinked, it would be relevant to briefly state the chronology of events in order to properly understand the substantial questions of law which have arisen in this second appeal.