DATTARAM Vs. VISHWAMBHAR BAPURAO INGOLE

JUDGEMENT

(1.) By this Appeal filed under Sec. 100 of the Civil Procedure Code, 1908, the appellants-defendants have impugned the judgment and order dtd. 1/4/2013 passed by learned Ad-hoc District Judge-III, Washim thereby allowing Regular Civil Appeal No. 136 of 2010 filed by appellants-plaintiffs. By allowing the said Appeal the learned first Appellate Court had partly decreed the R.C.S. No. 06 of 2008 (old R.C.S. No. 91 of 2007) and appellants-defendants herein are restrained by decree of perpetual injunction from interfering in the possession of the respondents-plaintiffs over their fields prescribed in Part-1 of the plaint.

(2.) The parties in the judgment are described as per their original status in the proceedings before the learned trial Judge.

(3.) The relevant facts for the purpose of deciding this Appeal are as under: Plaintiffs and defendants are agriculturists and having their lands adjacent to each other. Survey No. 33/1 situate at mouje Talap-Budruk is owned by plaintiff No. 2 while survey No.28/1 and 27/1 are owned by plaintiff No.1. Defendant No.1 is owner of survey No. 27/2 and 25/1 whereas defendant No.2 is owner of survey No. 27/3. Similarly, defendant No.4 is owner of survey No. 27/2v- All the defendants are closed relatives.