GANGARAM RAMBHAU ZITE Vs. CHINDHU DAGADU TIKONE

JUDGEMENT

(1.) THE appellants are the original defendants in the suit filed by the original plaintiff for declaration that the suit lane in the property was the property of the plaintiff and he sought permanent injunction against the defendants restraining them from disturbing the plaintiffs right to exclusively enjoy the possession of the said small lane adjoining his house. The suit filed by the plaintiff was dismissed by the learned Joint Civil Judge, Junior Division, Pune. The plaintiff was aggrieved by the said judgment and order of the learned Judge, and therefore, he filed a Civil Appeal before the Additional District Judge, Pune. The lower Appellate Court allowed the appeal and set aside the judgment and decree passed by the Civil Judge, Junior Division, Pune and granted declaration that the appellant was the owner of the suit property and the defendants and their servants and agents were perpetually restrained from causing obstruction to the plaintiffs possession of the suit property. The original defendants have preferred the present second appeal against the impugned judgment and order of the lower Appellate Court passed on 29-11-1989. The second appeal was admitted on 8-10-1990 with the order as follows :

(2.) I have heard both the learned Advocates for their parties. They have taken me through the entire proceedings including the oral and documentary evidence.

(3.) BOTH the parties would be referred hereinafter as the plaintiff and the defendants for the sake of convenience.