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2011 Supreme(Bom) 768

V.M.KANADE
Shankar Appa Mali – Appellant
Versus
Ananda Mahadeo Mali – Respondent


Advocates Appeared:
For the Appellants:V.B. Rajure, Advocate.
For the Respondents: --

Judgment :

1. Heard the learned counsel appearing on behalf of the Appellants. None appears on behalf of the Respondents, though they were served.

2. The Second Appeal was admitted by this Court on substantial questions of law, which are framed at Serial Nos. 2,3 and 5 read as under:

“(2) The substantial question of law involved in this Second Appeal is that whether the learned Judge of the Appellate Court acted in accordance with the provisions of law in framing different issues than that of the trial court and answered it correctly without any opportunity to lead evidence on the said issue.

(3) Further question of law is that whether it was necessary to review and the matter to the trial court to answer the issue framed by the appellate court or was it necessary to call for the finding on the said issue from the trial court.

(5) Another question of law is that the reliance placed on the documents produced in appeal without considering whether any appeal is produced or not treating it as final is legal.”

3. The learned counsel appearing on behalf of the Appellants has submitted that additional substantial questions of law may be framed as grounds nos.1,2 and 3, which are as unde

















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