RATNAKAR PRALHAD DEORAS Vs. VYANKATESH SHAMRAO FULMALI

JUDGEMENT

(1.) The Special Civil Suit No. 376 of 1993 for partition and separate possession was dismissed by the trial Court on 20.07.2007. The lower appellate Court has dismissed Regular Civil Appeal No. 450 of 2007 on 22.07.2011. Hence, the original plaintiffs are before this Court in this second appeal.

(2.) On the question of plaintiffs' entitlement to a decree for partition and separate possession, though the trial Court was against the plaintiffs, the lower appellate Court holds that the plaintiffs have established their entitlement for 3/10th share in the suit property. However, the lower appellate Court has concurred with the findings of the trial Court on the question of bar of limitation and therefore, dismissal of the suit is confirmed in appeal.

(3.) On 010.2012, this Court admitted the present matter, framing the substantial question of law as under; Whether the appellate Court was right in maintaining the finding recorded by the trial Court that the suit was barred by limitation?