LAWS(BOM)-2010-7-209

PRABHAKAR DADAJI DARNE Vs. SHARAD

Decided On July 27, 2010
PRABHAKAR DADAJI DARNE AGED ABOUT 53 YEARS OCCU: CULTIVATOR R/O TAKLI (DARNE) TAH. AND DIST Appellant
V/S
SHARAD S/O JANRAO DARNE AGED ABOUT 48 YEARS OCCU: CULTIVATOR R/O TAKLI (DARNE) TAH. AND DIST. WARDHA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.4.1998 passed in Regular Civil Appeal No.129/1995 by learned 2nd Additional District Judge, Wardha, who confirmed the judgment and order passed by the trial Court, except to the extent of awarding compensatory cost to the original defendant. The order granting compensatory costs was set aside. In the trial Court, learned Civil Judge, Jr.Dn., Wardha had dismissed the Regular Civil Suit No.143/ 1993 awarding compensatory cost of Rs. 500/payable to the defendants.

(2.) Facts briefly are :

(3.) The defendant had resisted the suit by denial of contentions in the plaint and claimed that defendant owns plot admeasuring 40' NS x 20' W. since his forefathers and alleged that the plaintiff in connivance with Sarpanch is trying to grab the property of the defendant.