BAMAN KONDIBA MORE Vs. KASHINATH MARUTI KOTHUTE

JUDGEMENT

(1.) This is an appeal by original plaintiffs/decree holders raising challenge to the judgment and decree passed in Regular Civil Appeal No. 153/90 whereby the judgment and order passed in Final Decree Application No. 12/88 by the 3rd Jt. Civil Judge, Jr.Dn., Ahmednagar dt. 16-6-1990 came to be set aside and application tendered by the decree holders/plaintiffs in respect of passing final decree came to be rejected.

(2.) At the time of admission of second appeal this Court has framed following substantial question of law:

(3.) Few facts necessary for consideration of the question involved in the appeal are: