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2022 Supreme(Bom) 1377

MANGESH S. PATIL
Narayan – Appellant
Versus
Gangadhar – Respondent


Advocates appeared:
Pooja V. Langhe, Advocate

JUDGMENT

Mangesh S. Patil, J. - have heard Mrs. Langhe, learned advocate for the appellant. None is present for the respondents.

1. The second appeal has been admitted by the order dated 29-07-1992 with following substantial question of law:

    'i. Non consideration of all the issues arising out of plaintiff's pleading as taken into account by the trial court, while reversing the decision by the lower appellate Court raises a substantial question of law. Leave was also granted to add substantial questions of law, perhaps as contemplated under Section 100 (5). However, none have been furnished thereafter.'

    2. Shorn of details, the facts leading to the second appeal are as under:-

      a] appellant No. 1-Narayan while he was barely couple years of age filed the suit through his natural guardian and mother who is arrayed herein as appellant No.2-Kantabai against one Gangadhar, the predecessor of respondent No.1 and his own father Bhaurao who is respondent No.2 interalia averring that the suit property agriculture land Gut No. 42, adm. 13-acres 5-Gunthas of village Malewadi, Tq. Jalna was the ancestral and joint family property. Bhaurao was congenital idiot. He was suffering from fits of insanity.

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