1958 Supreme(Bom) 122
G.B.BADKAS, H.K.CHAINANI
Vishvanath Krishna Gokhale and Ors. – Appellant
Versus
Mahadeo Arjun Kokate – Respondent
JUDGMENT - (1) These three second appeals have been referred to a Division Bench by Mr. Justice Shah, as in his opinion they involved a question as to the interpretation of Articles 120 and 144 of the Indian Limitation Act. Appeal No. 1490 of 1955 arises out of suit No. 302 of 1949 filed by Mahadeo Arjun Kokate, to whom I will hereafter refer as the plaintiff. There are six defendants in this suit, who belong to the Gokhale family. Deferndant No. 1 Vishwanath had three brothers Kashinath, Ganesh and Parsram. Defendants 2 and 3 are the sons of Kashinath. Defendant No. 4 Ganesh died during the pendency of the suit and his son Anant has been brought on record in his place. Defendant No. 6 is the widow of Parsram, while defendant No. 5 is Parsrams grandson. The defendants family and their bhaubhands jointly owned several properties, in which they had onefourth share. The defendants bhaubhands sold their 12 as. share to Limayes prior to 1913. In 1903 defendant No. 1 and his brothers seperated from each other. In 1913 Limayes filed a suit for partition of their 12 annas share and obtained a decree. On 8-11-1913 Kashinath, who had a 1/4th share in the properties belonging to the Gokhale f
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