SHIVAJI BHAU KONDHARE Vs. ROHIDAS TANAJI KONDHARE

JUDGEMENT

(1.) Rule. With the consent of the parties made returnable forthwith and heard.

(2.) The above Petition takes exception to the order dated 21102011 passed by the Learned District Judge, Pune, by which Order, the Misc Civil Appeal No. 227 of 2011 filed by the Respondent herein, came to be allowed and resultantly the Order dated 172011 granting temporary injunction to the Petitioner in Regular Civil Suit No. 788 of 2011, came to be set aside.

(3.) Shorn of unnecessary details, the few facts can be stated thus: The Petitioner is the owner of the suit property being Grampanchayat No. 2089 which is in the gaothan of the village Ambegaon Budruk. The Respondent is in occupation of the property bearing No. 1320 in the same survey No. 13 of the said village. The Petitioner herein filed the suit for permanent injunction in respect of the said property No. 2089 to the effect that the Respondent herein who is the Defendant to the said suit should not encroach upon his property. In the said suit, the Petitioner filed an application for temporary injunction as the Defendant/Respondent was proceeding with the construction on site. In so far as the said application for temporary injunction is concerned, the parties relied upon the documents of the grampanchayat in support of their respective cases. The said documents are in the form of Village Form No. 8 which is issued by the Village panchayat. The Plaintiff also relied upon a hand drawn sketch showing the plot of the plaintiff as well as the Defendant.