LAXMIBAI Vs. SUJATA SUBHASH VADER

JUDGEMENT

(1.) Heard Mr. Joshi, learned counsel appearing for the Appellants and Mr. S. M. Kamble, learned counsel appearing for the Respondent No.1.

(2.) The Appellants i.e. original Defendants by the present Second Appeal are challenging the legality and validity of the Judgment and Decree dtd. 13/1/2009 passed by the learned Civil Judge, Junior Division, Gargoti, District Kolhapur in Regular Civil Suit No.42 of 2004 as well as the Judgment and Decree dated 14 th December 2017 passed by the learned District Judge No.6, Kolhapur in Regular Civil Appeal No.42 of 2009.

(3.) The said Regular Civil Suit No.42 of 2004 was filed by the Plaintiffs by contending that they are the owners of the suit property and the Defendants are the trespassers. The learned Trial Court decreed the suit by granting declaration that the Plaintiffs are the owners of the suit property and further granted decree of the possession by holding that the Defendants have encroached upon the suit property. Present Appellants i.e. the Defendants challenged the said Judgment and Decree of the learned Trial Court by filing Regular Civil Appeal No.42 of 2009. The said Regular Civil Appeal was dismissed by Judgment and Decree dtd. 14/12/2017. Hence the present Second Appeal.