BHARAT MACHINDRA PAREKAR Vs. ANJANABAI BABARAO THAWARE

JUDGEMENT

(1.) Both the Second Appeals are being disposed of by this common Judgment in as much as they arise out of common Judgment rendered by the First Appellate Court in two inter connected Appeals (R.C.A. No. 107 of 1981 and R.C.A. No.223 of 1981).

(2.) Unfortunately no substantial question of law was formulated at the time of admission of the Appeals nor any substantial question of law is indicated in the Appeal Memo of either Appeal. The Apex Court in "B. C. Shivashankara Vs. B. R. Nagaraj (2007 AIR SCW 1588 : 2007 ALL SCR 804) observed :

(3.) In view of limited scope available under sub-section (5) of Section 100 of the Code of Civil Procedure, now it is difficult to frame any substantial question of law, particularly when no such question was formulated by the appellants in the Appeal Memo and that this Court also did not formulate the same while admitting the Appeal. The Second Appeals cannot be entertained, therefore, in the absence of any real substantial question of law involved therein.