Zilaksingh Tikarambhau Bisen And ... vs Pramodkumar Prahaladrai Agrawal ...
2022 Latest Caselaw 4813 Bom

                                                           1/2                     SA 707.2004

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                  SECOND APPEAL NO. 707 OF 2004
Zalaksingh s/o Tikarambhau Bisen vs. Pramodkumar Prahladrai Agrawal
                            and another
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. J. T. Gilda, Senior Advocate assisted by Mr. V. R. Borkar, Advocate for the appellant. Mr. V. R. Mundra, Advocate for respondents.

                                        CORAM          :         MANISH PITALE J.
                                        DATE           :         05/05/2022

In addition to the question of law framed by this Court on 25/11/2008, while admitting the present Second Appeal, the following substantial questions of law are framed :-

1. Whether a suit as filed in the present form is maintainable by a stranger without putting in hotchpotch the entire joint family properties ?

2. Whether both the Courts below were right in holding that the suit is not barred by the principle of constructive resjudicata as per explanation (IV) of Section 11 of the C.P.C. ?

KOLHE 2/2 SA 707.2004

3. Whether the suit filed by the respondents was within limitation ?

2. Heard learned counsel for the rival parties on all the substantial questions of law framed in this appeal.

3. Judgment reserved.

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:07.05.2022 15:56

KOLHE