BHAU BHIKU PAWAR Vs. BAPU MANU DHANE

JUDGEMENT

(1.) This is a Second Appeal filed by the appellant-original plaintiff, as by the impugned judgment and decree dated 20th September, 1991, the additional District Judge Satara has allowed the appeal filed by respondents 1 to 4, the legal heirs of original defendants, that resulted into the dismissal of the appellant's (plaintiff) suit for specific performance. Therefore, this appeal.

(2.) On 16/12/1991, the present appeal was admitted on grounds 1 to 4 of memo of appeal as a substantial questions of law. Those grounds are reproduced as under;

(3.) Heard the learned Counsel appearing for the parties. The learned Counsel appearing for the appellant, has submitted to consider the civil application No. 1339/2004,for the additional evidence and material to be taken on record in this second appeal on the foundation that those facts are well within the knowledge of the respondents. The learned Counsel appearing for the respondents however, resisted the same.