DHONDU Vs. DASHRATH

JUDGEMENT

(1.) By this appeal filed under Sec. 100 of the Code of Civil Procedure, 1908, the appellant (original defendant) has assailed impugned judgment and order dtd. 8/10/2004 passed by learned Ad-hoc Additional District Judge, Washim allowing the Regular Civil Appeal No.56/2003 filed by respondent (plaintiff). The respondent (plaintiff) had impugned the judgment and decree dtd. 28/1/2003 passed by learned Joint Civil Judge (J.D.) Washim thereby dismissing the suit for permanent injunction.

(2.) The parties in this judgment are described as per their original status in the proceedings before the learned trial Judge. The appellant namely Dhondu Ganpat Solunke was the original defendant whereas the respondent namely Dashrath Tukaram Suroshe herein was the original plaintiff.

(3.) The relevant facts for the purpose of deciding the Second Appeal are as under:-