MIRA TUKARAM NAIK Vs. GIVAJI BALKRISHNA SINAI HEDE

JUDGEMENT

(1.) Heard Mr. Rodrigues, learned counsel for the Appellant.

(2.) This appeal challenges the concurrent judgments and decrees dtd. 30/6/2012 and 30/11/2018 by the trial Court and First Appellate Court decreeing the Respondents' suit for permanent injunction and correction in the survey records.

(3.) Mr. Rodrigues, learned counsel for the Appellant, submits that the Appellant-defendant had raised the plea of agricultural tenancy in the suit. He submits that this issue was referred to the Mamlatdar for decision. He admits that the reference was dismissed due to the absence of all the parties. He submits that such dismissal does not amount to any negative declaration by the Mamlatdar. He submits that the two Courts could not have decreed the suit based upon such dismissal.