COMMANDANT, S.R.P.F. Vs. AMRATA

JUDGEMENT

(1.) Heard Mr. S.P.Dound, learned A.G.P. for the appellant and Mr.Amrata @ Amratlal s/o Laxman Bhurewale, respondent in person, at length.

(2.) By this appeal under Section 100 of Code of Civil Procedure, 1908 (for short, C.P.C.), the original defendant has challenged the Judgment and decree dated 13th April, 1992 passed by the learned 3rd Additional District Judge, Jalna in Regular Civil Appeal No. 139/1985. By that order, the learned District Judge allowed the appeal preferred by the respondent (hereinafter referred to as plaintiff) and modified the operative part of the judgment and decree dated 24th July, 1985 passed by the Civil Judge, Senior Division, Jalna in Regular Civil Suit No.192/1984. The learned District Judge decreed the suit with costs and restrained the appellant (herein after referred as defendant) and its personnel from obstructing the plaintiff's peaceful possession and cultivation in the land bearing Survey No. 18, Gat No. 51 admeasuring 38 acres and 12 gunthas situated at village Deomurti, Tq. and District Jalna (for short, suit land), either by themselves or their agents, officers or staff members of Recruits.

(3.) The facts, giving rise for filing of the present Second Appeal, briefly stated are as follows,