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2019 Supreme(Bom) 2114

M.S.KARNIK
Baburao Naroba Bargale Since Deceased Thru Lrs – Appellant
Versus
Surendra Baburao Shetty – Respondent


Advocates Appeared:
Tejpal Ingale, Adv., Vasim Samlewale, Adv., Nikhil Pawar, Adv., K.V. Saste, Adv.

JUDGMENT

M.S.Karnik, J. - Heard learned Counsel for the appellants and learned Counsel for the respondents.

2. This Court admitted this Second Appeal on the following substantial questions of law.

    i) Whether the suit was barred by the law of limitation? Whether the period of limitation commenced from the date of registration of registered Sale Deed or from the date of service of notice of eviction on the plaintiff?

      (ii) Whether the impugned Sale Deed dated 23/06/1975 is illegal ?"

      3. Appellants are the legal heirs of original defendant No.1. Respondent No.1 is original plaintiff. His legal heirs are on record. Respondent No.2 is the original defendant No.2. Defendant No.2 is the son of original owner - Krishna from whom the appellants as well as respondent No.1 claim to have derived interest in the suit property. For the sake of convenience, the parties are referred to as the plaintiff, defendant No.1 and defendant No.2 as per their status in the Suit.

      4. This Appeal is filed at the instance of original defendant No.1. The plaintiff filed Regular Civil Suit No. 185 of 1979 before Joint Civil Judge, Junior Division, Jaisingpur for declaration that sale deed executed on 23/06/1975 in

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