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2012 Supreme(Bom) 1224

F.M.REIS
Ulhas Shankar Barde – Appellant
Versus
Harischandra Shankar Barde – Respondent


Advocates Appeared:
In S.A. No. 61 of 2009-Mr. Sudin Usgaonkar, Advocate with Mr. A. Borkar, Advocate for the appellants; Mr. S.D. Lotlikar. Senior Advocate with Mr. P. Lotlikar. Advocate for the respondent; In S.A. No. 62 of 2009-Mr. S.D. Lotlikar, Senior Advocate with Mr. P. Lotlikar, Advocate for the appellants; Mr. Sudin Usgaonkar, Advocate with Mr. A. Borkar, Advocate for the respondents.

JUDGMENT

F.M. Reis, J.-Heard the learned Counsel for the appellants and the respondents.

2. Both the above Appeals have been taken up for hearing together as the impugned judgment in both the Appeals is the same passed in Regular Civil Appeal No. 80/07 by learned District Judge-1. Panaji, dated 18.11.2008.

3. Admit, on the following substantial questions of law:

(a) As the finding on the plea of limitation has attained finality having been maintained on account of non-reversal in appeal, the suit stands dismissed. Therefore, the entire order of the Appellate Court stands vitiated [or not having examined this aspect at all?

(b) Whether the First Appellate Court could have proceeded to dismiss the Suit of the appellants in respect of the prayer for permanent injunction and mandatory injunction, without discussing the evidence on record by concurring with the conclusion drawn by the Trial Court and that too, without appreciating the evidence on record?

4. Heard forthwith finally with the consent of both the Counsel. The learned Counsel for the respondent in both the Appeals waives service.

5. The parties shall be referred in the manner as they appear in the cause title in Regular Civil Suit


























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