PRADIP PITAMBAR PATIL Vs. SITARAM GULABCHAND AGRAWAL

JUDGEMENT

(1.) ADMIT . Heard the matter finally, by consent of the learned counsel appearing for the parties.

(2.) THE Appellants are aggrieved and dissatisfied by the Judgment and order dated 15th July, 2013 passed by the District Judge3, Jalgaon, remanding the matter back to the trial Court for adjudication of Regular Civil Suit No. 29 of 1978 afresh. The Judgment was passed by the District Judge in Regular Civil Appeal No. 99 of 2007.

(3.) THE Suit was brought for removal of encroachment. Original Plaintiff claimed that C.T.S. No. 3281 at Bhusawal was his property purchased in the year 1975 and on the west there was C.T.S. No. 3277 belonging to original Defendant No. 1 purchased on 24th June, 1971. It was claimed that original Defendant No. 1 encroached on property of original Plaintiff to the extent of 25ft. (East West) X 10ft. (North South). Original Defendant Nos. 2 and 3 were arrayed as tenants of original Defendant No. 1. Thus, the suit was brought for removal of encroachment.