RAJENDRA TRIMBAK SIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners in the present petition are original plaintiffs. Respondents are original defendants. The parties will be referred as "plaintiffs" and "defendants" in the body of the judgment.

(2.) Plaintiffs have filed suit, being Regular Civil Suit No.77/2024, for recovery of possession of the suit property bearing Gut No.666 admeasuring around 0.23 HR situated in village Gadhi, Tq.Georai, Dist. Beed. Defendant no.2 is running a primary school in the building standing on the suit property. The said building, according to the defendants, is in dilapidated condition, and therefore, the defendants intend to construct a new school building in the said suit property. In such circumstances, the plaintiffs have filed suit for declaration of ownership and recovery of possession, being Regular Civil Suit No.77/2024. In the said suit, the plaintiffs have also sought relief of temporary injunction restraining the defendants from making construction over the suit property.

(3.) The defence of the defendants is that the suit property was owned by predecessors of the plaintiffs and that they had dedicated the suit property for school and public road. It is stated that this dedication was somewhere around the year 1955-56. It is contended that the defendants have become the owners of the suit property by adverse possession in the light of long standing possession.