JAVED TAJUDDIN KHAN Vs. SALIM ALI KAHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused record.

(2.) The challenge in this Second Appeal is to the concurrent finding of the Courts below thereby decreeing the suit filed by the respondent for possession.

(3.) The respondents filed Regular Civil Suit No.42 of 2012 (Special Civil Suit No.213 of 2010) before the learned Civil Judge Junior Division at Murud for possession and injuction against the appellants (the original defendent Nos.1 and 2) and two others. The learned Trial Court by a judgment and decree dated 2 nd May 2013 has partly decreed the suit directing the appellants to deliver vacant posession of the suit property to the respondents/plaintiffs. It appears that the appellants challenged the same before the learned District Judge at Alibaug in Civil Appeal No.127 of 2013 in which the respondent/original plaintiffs raised a cross objection to the extent of the refusal of the relief of injuction. The first Appellate Court by the impunged judgment and decree dated 27 th April 2018 has dismissed the appeal as well as the cross objection.