CHANDRAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against the judgment and order of MARJI No.172/2008 which was pending in the Court of the District Judge-4, Aurangabad. The application was filed by the present appellant for condonation of delay of more than 1 year and 8 months caused in filing Regular Civil Appeal against the decision given by the trial Court in a suit filed for relief of injunction. Both the sides are heard.

(2.) Regular Civil Suit No.831 of 2003 was filed by present appellants against the respondents. The respondents include officers of the Survey Department and officers of the Municipal Council, Paithan. The other defendant are said to be neighbours of the plaintiffs. The suit was filed in respect of house property bearing Nos. 1856 to 1859 having size of 60 x 49 ft situated at Kaherwada, Taluka Paithan. Relief of perpetual injunction was sought by the appellants and it is refused by the trial Court. There are allegations against the officers of the Survey Department and the Municipal Council that they created false record in favour of defendant Nos.3 and 4, neighbours, by joining hands with them.

(3.) It is the case of the appellants/plaintiffs that Laxman and Ghanshyam were the owners of the suit property and after their demise the plaintiffs have become owner of the suit property. They contended that in the past, Bansi, the predecessor of defendant Nos.3 and 4 and Hiraman had filed Regular Civil Suit No.54 of 1963 for the possession of the aforesaid property against Laxman and Ghanshyam and the suit was dismissed by the Court. It is contended that the defendant Nos.3 and 4 have no concern whatsoever with the title and possession of the suit property.