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2022 Supreme(Bom) 674

A.K.MENON
Vithalrao Krishnarao Jadhav (expired on 26/02/04) Since deceased by Lrs – Appellant
Versus
Gurudas Shambhu Ghadi (since deceased) – Respondent


Advocate Appeared:
For the Appellant :Mr. S.D. Lotlikar, Senior Advocate with Ms. Sailee Kenny, Advocate
For the Respondent:Mr. Parikshit Sawant with Mr. Nehal Vernekar, Advocates

JUDGMENT :

1. This Appeal was Admitted on 16.12.2004 framing the following question of law:

    (1) Whether on the basis of the evidence, oral and documentary placed before the Trial Court, the plaintiffs were entitled for a decree directing the deletion of names of the defendants from the revenue record in respect of the suit property ?

2. The Appeal remained pending since then and on 16.02.2022, the Court was of the opinion that in addition to the solitary question framed, the following three further questions would arise for consideration in this Appeal

    (2) Whether the suit filed by the appellants was barred by limitation ?

(3) Whether the suit could be said to be bad in law in its entirety for non-joinder/mis-joinder of parties ?

(4) Whether the Appellate Court was justified in discarding the documentary evidence of title brought on record on behalf of the appellants, on the ground that there was lack of pleadings ?

3. Based on theses four questions, the Appeal has been urged before me for final disposal. The factual matrix of the matter as gathered from the record indicates that the plaintiffs, who are 3 in number had filed Regular Civil Suit No. 17/1999 against 13 defendants. The suit

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