RAMCHANDRA DAGADULAL BANGAD Vs. MUNICIPAL COUNCIL, OSMANABAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal.

(2.) This writ petition is filed challenging the judgment and order dated 14/08/2012 passed below Exhibit5 in Regular Civil Suit No. 408 of 2012 by Joint Civil Judge, Senior Division, Osmanabad which is confirmed by the Adhoc District Judge1, Osmanabad in Misc. Civil Appeal NO. 100 of 2012 by its judgment and order dated 23/09/2013.

(3.) The petitioners herein, are the original plaintiffs. The plaintiffs who are brothers interse have filed R.C.S. No. 408 of 2012 for declaration that, they are the owners of the suit properties described in Schedule 'A' to 'C' in para1 of the plaint by virtue of sale deed dated 04/02/1953. They have also sought for a declaration that, defendant No. 1 Municipal Council is a rank trespasser on the suit properties described in Schedule 'B' & 'C' and further declaration that, construction of building of Shopping Malls on the said schedule 'B' & 'C' properties are illegal and none of the defendants have any right to own, occupy or possess the suit properties. They have also prayed for a mandatory injunction against defendant No.1 for removal of encroachment on suit Schedule 'B' & 'C' properties by demolishing building etc., and for handing over vacant and peaceful possession of said two properties. The plaintiffs have also prayed for a perpetual prohibitory injunction against the defendants restraining them from interfering with or disturbing the possession of plaintiffs in the suit schedule 'A' property and further from creating third party interest in schedule 'B' & 'C' properties.