LAWS(BOM)-2014-3-107

BHAGWAT SHESHRAO BHUTEKAR Vs. TULSHIRAM

Decided On March 25, 2014
Bhagwat Sheshrao Bhutekar Appellant
V/S
TULSHIRAM Respondents

JUDGEMENT

(1.) Heard Mr.Sawan Alaspurkar, learned Counsel holding for Mr.Anand Parchure, learned Counsel for the Appellant and Mr.Abhay Sambre, learned Counsel for Respondent nos. 1 to 3.

(2.) This Second Appeal is admitted on the following substantial question of law :

(3.) The Second Appeal arises out of Judgment and Order dt.25.3.2013 passed by the learned Ad hoc District Judge2, Buldhana in Regular Civil Appeal No.117 of 2009, which was dismissed. Said appeal arose from the Judgment and Order passed in Regular Civil Suit No.18 of 2007 on 13.11.2009 by the learned Civil Judge (Jr.Dn.), Chikhali. The suit was filed to recover possession of the encroached land by the defendant. The plaintiff averred that the suit land was encroached upon by defendant. According to plaintiff nos. 1 to 3 in the trial Court, agricultural land bearing Gat No.58 situated at mouza Sawana, Tq. Chikhali, District Buldhana is owned by the plaintiffs. The plaintiffs claimed that some portion of the suit land mentioned above was encroached upon by the defendant and therefore, measurements were undertaken in respect of the land in possession of the plaintiffs as well as the defendant to determine the portion encroached upon by the defendant. Thus, the suit so filed is decreed by the Courts below.