LAWS(BOM)-2003-8-66

VIMALBAI NARAYANRAO Vs. NARAYAN LIMBAJIRAO CHAUDHARI

Decided On August 20, 2003
VIMALBAI W/0 NARAYANRAO Appellant
V/S
NARAYAN LIMBAJIRAO CHAUDHARI Respondents

JUDGEMENT

(1.) HEARD Mr. S. S. Thombre, learned counsel for appellant (original defendant) and Mr. A. S. Deshmukh, learned counsel for respondent (original plaintiff ).

(2.) THIS second appeal is filed by the original defendant against the judgment and decree dated 28/10/1986 passed by 2nd Addl. District Judge, Parbhani in Regular Civil Appeal No. 245 of 1985 whereby first appeal preferred by the present appellant came to be dismissed confirming the Judgment and decree passed by the trial court.

(3.) THE present respondent (hereinafter referred to as "plaintiff") filed regular Civil Suit No. 129/1983 against the appellant (hereinafter referred to as "defendant" ). 40' x 27' land out of survey No. 9/1 within the limits of village Miliwada was the subject matter of the suit. Plaintiff claims to be the owner of the suit land. He filed the suit for declaration of his title and for possession of the suit property. According to him he got the said suit land on his share in the partition. However, in the year 1981 the defendant encroached upon the suit property. Therefore, he prayed that possession of the suit property be given to him by issuing mandatory injunction against the defendant to remove the structure on the suit land.