ADINATH LIMBAJI NAVALE Vs. POLICEMAN HOUSING SOCIETY

JUDGEMENT

(1.) THESE appeals and cross -objection arose out of the judgment dated 25.8.1977 by which claim for recovery of possession has been decreed by the Civil Judge, Senior Division, Beed.

(2.) RESPONDENTS Nos. 3, 4 and 5 (original plaintiffs) claimed that surveys Nos. 30/a and 31 of Mouza Beed being their ancestral property they are the owners. According to them, Adinath Limbaji Navale (appellant No. 1) filed Civil Suit No. 98/69 against the respondent No. 4 for relief of injunction simpliciter. This suit subsequently on 26.3.1971 was withdrawn. In the meanwhile, i.e. in the third week of June 1970, the appellants -original defendants had dispossessed them of the suit fields. They, therefore, on 11.5.1973 filed a civil suit for recovery of possession and mesne profit.

(3.) APPELLANT -original defendants Nos. 1 to 8 challenged the decree by First Appeal Nos. 748/77, whereas the original defendants Nos. 9 and 10 filed first Appeal No. 618/79.