VAIDIK SEVA ASHRAM Vs. SHIVANAND RAMJI DASARWAR D

JUDGEMENT

(1.) HEARD learned counsel for the respective parties at length. Perused the record.

(2.) THE petitioner/original defendant in Regular Civil Suit No. 909 of 1993 filed by the respondent/plaintiff, has filed the present revision application, taking exception to the order passed by the learned II Additional District Judge, Nanded on 3. 1. 2002 in Misc. Civil Appeal No. 1056 of 1999 whereunder, the order passed by the learned II Joint Civil Judge j. D. Nanded in Misc. Civil Application No. 35 of 1995 was set aside and the suit was restored to file.

(3.) THE factual matrix of the proceedings between the parties is that, the respondent/ plaintiff has filed the aforesaid suit in the court of the learned Civil Judge J. D. Nanded, seeking declaration that he is the owner and in possession of 97 R land out of Survey No. 22/a situated within the limits of village Wajegaon and the plaintiff also claimed the relief of injunction, as there was obstruction to their peaceful possession of the land. In the said suit, the plaintiff filed an application for interim injunction, which was opposed by the petitioner. The petitioner also resisted the plaintiff's claim in the suit by filing written statement. The trial Court granted interim injunction. The petitioner filed Misc. Civil Appeal. No. 3 of 1994, which was allowed by the learned Joint District Judge, Nanded on 2. 9. 1994 and consequently, the application for interim injunction filed by the respondent/plaintiff during the pendency of the suit was dismissed. Aggrieved by the said order, the respondent/ plaintiff filed Civil revision Application No. 915 of 1994, in which this Court had issued Rule, making it returnable on 9. 11. 1997, and directed the present petitioner net to alter the nature of the land.