RAMZAN SHEIKH CHAND SHEIKH Vs. PUNJAB NATHUJI GAWANDE

JUDGEMENT

(1.) Suit was originally filed by Sheikh Chand Isak Mohammed for permanent mandatory injunction. He died during the pendency of suit and suit was thereafter prosecuted by his legal representatives. Parties would be hereinafter referred to as per their original status.

(2.) Plaintiff purchased vacant land at mouza Nagbhid (now, a tahsil place) in the year 1963 from one Bibi wife of Habibbhai Kachhi and he constructed residential house on part of plot and on an area admeasuring 11 & half x 37 feet. There is tin shed of plaintiff where he is running tea stall/pan shop for 30 years. Still there remains some vacant land as indicated by the plaintiff in plaint map. Plaintiff averred that defendant started laying columns to make construction on vacant land shown by letters A B C D in the plaint map on or about 31.12.1997. Inspite of police reports and complaints to Gram Panchayat, the Authorities did not do anything and defendant on the strength of his muscle power, continued with the construction work. Hence, plaintiff filed suit (being Regular Civil Suit No. 1 of 1998) before the Civil Judge, Junior Division, Nagbhid for permanent injunction seeking to restrain defendant from making any construction on the said vacant land and for mandatory injunction directing defendant to demolish the construction made by him on the said land indicated by letters A B C D in the plaint map.

(3.) XXX XXX XXX