MADHUKAR VISHNU GHATNEKAR Vs. GOPAL VISHNU GHATNEKAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been preferred by the original plaintiff Madhukar Vishnu Ghatnekar against the judgment of a learned single Judge of this Court in a First Appeal, by which the learned single Judge has allowed the appeal of the respondent-defendant and dismissed the appellant-plaintiff's suit.

(2.) THE appellant-plaintiff has sued for a negative declaration that his brother, the respondent-defendant does not have right, title and interest in respect of the property which consists of the land leased out to him by the society and the construction made on the said property by their father. The appellant has also sought the relief of possession in respect of the property in possession of his brother, the respondents and an injunction restraining him from obstructing the possession of the plaintiff over the entire suit property.

(3.) THE suit was decreed by the trial Court i.e, the Joint Civil Judge, Senior Division, Solapur, by his judgment and order dated 25.9.1972. The respondent carried the matter in appeal to this Court, being First Appeal No. 720 of 1972. This First Appeal has been allowed by the learned single Judge of this Court who has set aside the decree of the learned trial Judge and dismissed the suit. This Letters Patent Appeal is preferred against the said judgment of the learned single Judge of this Court dated 24th June 1981.