LAXMAN WAMANRAO NAGAPURE Vs. SHANKAR HARIBHAU ADHAU

JUDGEMENT

(1.) This second appeal is directed against judgment and order dated 6.8.2012, passed by the learned District Judge-I, Akot, in Regular Civil Appeal No.25 of 2009, whereby the appeal was dismissed, which arose from judgment and order dated 18.6.2007, passed by the learned Joint Civil Judge Junior Division, Telhara, in Regular Civil Suit No.73 of 2005, whereby the suit was decreed for possession of alleged encroachment portion of 25R land out of Survey No.47/7-A admeasuring about 2.64R claimed as belonging to the plaintiff. The agricultural land is situated at village Telhara (Bk.), Taluka Telhara, District Akola.

(2.) The substantial question of law is to be decided, "Whether the Courts below were right in not directing remeasurement of the suit field and the adjoining lands, by following due procedure governing the measurements

(3.) The grievance of Shri A.B.Mirza, learned counsel appearing for the appellant, is that in the trial Court the plaint did not describe the disputed immovable property as required under Order VII Rule 3 of the Code of Civil Procedure even in the absence of full description as required by law in the plaint, the learned first appellate Judge and the trial Judge proceeded to decree the suit for alleged encroached portion.