GOVIND NARAYAN MEHETAR Vs. RAMJI DEVSTHAN TRUST

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, Appeal is taken up for final hearing.

(2.) The present Appeal filed by the Appellant questions the legality of the judgment dated 29/02/2016 delivered by the Principal District Judge, Raigad, Alibag in Civil Appeal No.91 of 2009. By the said judgment, the Principal District Judge has allowed the Appeal filed by Ramji Devasthan Trust and has set aside the judgment dated 02/05/2009 delivered by the 3rd Civil Judge, Junior Division, Panvel in Regular Civil Suit No.132 of 2004. As a consequence of the said judgment dated 29/02/2016, the suit filed by the Devasthan for possession of the suit land is decreed and the Defendant (the Appellant) is directed to hand over vacant possession of the suit land by removing the structure at its own costs, within one month from the date of the said judgment.

(3.) The necessary facts leading to the present verdict can be briefly summarized as under: