AAJABRAO Vs. KESHARBAI

JUDGEMENT

(1.) THE Appellant in this Second Appeal is the original Plaintiff who brought suit against Respondent Nos.1 and 2 (original Defendants) (Parties to be referred as arrayed in the trial Court), for permanent injunction to restrain them from taking steps to remove tea stall put in front of GALA i.e. shop purchased by him from Defendant No.1 Kesharbai. The Court of 2nd Joint Civil Judge, Senior Division, Dhule, dismissed the Regular Civil Suit No.152 of 2006 on 20th November,2008. The Regular Civil Appeal No.51 of 2009 filed before the Principal District Judge, Dhule by the Plaintiff, also came to be dismissed on 27th April, 2011. Now this Second Appeal has been brought against the concurrent Judgments.

(2.) THE case in brief, as brought before the trial Court was as under:

(3.) WHEN the Appeal was carried to the District Court, the Plaintiff was unable to convince the District Court that there was any error committed by the trial Court. District Court found that the findings of the trial Court were based on proper appreciation of evidence. It was argued before the District Court that the construction was not on the land of the Highway Authorities but it was on private property, so the Tahsildar has no right to remove encroachment.