(1.) Heard Shri Anturkar, learned Senior Counsel for the Appellant and Mr. Deshmukh, learned Counsel for the Respondent.
(2.) The appeal is by original Defendant. Respondent/Plaintiff initiated suit for removal of encroachment, possession of encroached area and for damages in the Court of Civil Judge, Senior Division, Solapur. It is alleged by the Respondent that the Appellant has encroached to the extent of 0.29 R land of the Respondent/Plaintiff.
(3.) Facts necessary for deciding the appeal are as under:-