JANARDHAN @ SHIVAJI TANAJI DIVADE Vs. PANDURANG ANANDRAO SHINDE

JUDGEMENT

(1.) By this second appeal, the appellants (original defendants) have impugned the order and judgment dated 10th March, 2015 passed by the Principle District Judge dismissing the appeal filed by the appellants.

(2.) The respondent (original plaintiff) had filed a suit for order and decree against the appellant for perpetual, mandatory injunction and possession in respect of the suit property. Before the trial court, it was the case of the appellant that the grand-father of the appellant had purchased the suit property from one Mr. Martand Karkhandis and the appellant had constructed the gobar gas plant in the suit property.

(3.) On 5th July, 2000, the original plaintiff had issued a notice to the appellant claiming that they were the owners of the suit property and called upon the appellant to remove the gobar gas plant from the suit property. The original plaintiff thereafter filed a suit for perpetual injunction not to disturb their possession and for injunction from removing the gobar gas plant from the suit property.