ADMIT.
Shri Harshadray Dave, learned advocate waives service of notice of admission on behalf of the respondents.
The following substantial questions of law arise for determination of this Court in the present Second Appeal;
(i) Whether the learned appellate Court was justified in allowing the appeal arising out of the judgment and decree passed by the learned trial Court dismissing Regular Civil Suit No. 364/1987 i.e. with respect to redemption of mortgage when earlier suit was filed by the respondent-original plaintiff of Regular Civil Suit No. 364/1987, being Regular Civil Suit No. 8/1997 with respect to the very prayer/relief sought in Regular Civil Suit No. 364/1987?
(ii) Whether the learned appellate Court is justified in allowing Regular Civil Appeal No. 19/2005 arising out of Regular Civil Suit No. 364/1987 when the very learned Judge on the very day dismissed Regular Civil Appeal No. 37/2005 arising out of Regular Civil Suit No. 51/1991, which was filed by the appellant and confirmed the finding given by the learned trial Court passed in Regular Civil Suit No. 51/1991 that the appellant has become the absolute owner, thus has given contradictory finding and/or two contradictory order has been passed by the very Judge on the very day?
In the facts and circumstances of the case, the present Second Appeal is fixed for final hearing on 13/06/2012.
In the meantime, the learned advocate appearing on behalf of the appellant to prepare and supply the paper book.
(M.R.
SHAH, J.) siji Top