(1.) Heard the learned Advocates for the respective sides. Rule. Rule made returnable forthwith and heard finally by consent of the parties.
(2.) The issue before this Court is that the respondent filed RCS No.254/2011 before the Jt.Civil Judge, J.D. Ambejogai against the present petitioner and his mother. The suit was with reference to the same survey number, same gat no.580 admeasuring 72R. There is no dispute between the litigating parties before this Court so far as this aspect is concerned.
(3.) By the said RCS No.254/2011, the respondent claimed before the Trial Court that the petitioner is interfering with the peaceful possession of the respondent and therefore the respondent has sought a simplicitor declaration and injunction against the petitioner.