1. Admit.
Learned advocate Mr.Gaurav Darji for Mr.Ruturaj Nanavati waives service of notice of admission for the respondents.
2. The following substantial questions of law arise for determination of this Court:-
"1. Whether the Courts below have materially erred in law in mis-appreciating the evidence on record and in not holding that the suit of the plaintiff was barred by the law of limitation as per Articles 64, 65 and 110 of the Limitation Act?
2. Whether the Courts below have materially erred in law in mis-appreciating the evidence on record and in not holding that the plaintiff at his own conduct, volition and acquiescence, accepted the position beyond the period of 12 years prior to the date of institution of the Suit?
3. Whether the Courts below have materially erred in law in ignoring the documents at Exhs.143 and 145 which pertained to family arrangement which had taken place amongst the members of the family?
4. Whether the lower Appellate Court has materially erred in law in not raising the points of determination as contemplated under Order 41 Rule 31 of the Code of Civil Procedure and in not giving its findings on each of the points involved in the appeal?"
(BELA TRIVEDI, J.) Hitesh Top