SAHEBRAO Vs. SARJERAO

JUDGEMENT

(1.) Admit. Notice after admission is made returnable forthwith. By consent of both the sides, heard for final disposal.

(2.) The appeal is filed against judgment and decree of R.C.A. No. 108/2008, which was pending in the Court of Principal District Judge, Beed. The appeal was filed against judgment and decree of R.C.S. No. 222/2003, which was pending in the Court of Joint Civil Judge, Senior Division, Beed. The suit was filed for relief of perpetual injunction by present respondent and also for declaration. By making amendment, the relief of removal of encroachment was also claimed. The Trial Court held that the present appellants had made encroachment over land Gat No. 156 and 159 and encroachment is to the extent of 2 R. portion over each of these lands and it is made by the present appellants. Decree is given for the removal of this encroachment. The First Appellant Court has dismissed the appeal filed by the present appellants. Both the sides are heard.

(3.) It is the case of respondent/original plaintiff - Sarjerao that he is the owner of land Gat Nos. 156 and 159 situated in village Navgan, Rajuri, Tahsil and District Beed. It is contended that defendants/present appellants are owners of land Gat No. 157 and they have made encroachment over land Gat No. 159 from eastern side of land Gat No. 157 which is to the extent of 2 R and they have made encroachment over land Gat No. 156 from western side of land Gat No. 157 and it is also to the extent of 2 R. portion. The defendants/appellants had disputed this case of encroachment. However, it is not disputed that plaintiff is owner of Gat Nos. 156 and 159 and defendants are owners of land Gat No. 157.