(1.) Heard.
(2.) The present second appeal is filed being aggrieved by the judgment and decree passed by the learned District Judge-II, Yavatmal in Regular Civil Appeal No.19/2005 and thereby set aside the judgment of the trial Court and allowed the appeal preferred by the respondent No.2 after dismissing the RCS No.245/1999.
(3.) This Court on 29/8/2009 admitted the present appeal on following substantial question of law: