RAVI BHASKAR WATTAMWAR Vs. BABANRAO NARBAJI MORE

JUDGEMENT

(1.) The applicants / original defendants impugns order dtd. 19/12/2022 passed on their Applications filed below Exhibits 68 and 55 respectively, seeking rejection of plaint in Regular Civil Suit No.106 / 2022 pending before Civil Judge Junior Division at Nanded. (Hereinafter, parties are referred to by their original status for the sake of convenience and brevity).

(2.) The respondent / plaintiff instituted Regular Civil Suit No.106/2022 before Civil Judge Junior Division, Nanded, seeking relief of declaration of ownership to the extent of 1/3 rd share in land Survey No.3 (Gut No.28), situated at village Rahimpur, Tq. and Dist. Nanded. The plaintiff further seeks declaration that sale deeds dtd. 9/6/1972 and 4/7/1975 are not binding on his share and claims for decree of possession so also perpetual injunction against defendant nos.10/1 to 10/3 and 11 from alienating and creating third party interest in the suit property.

(3.) The plaintiff contends that Survey No.3 admeasuring 33 acres was owned by Gopalsinh Ramsinh Sayal to the extent of 16 acres 20 gunthas. The plaintiff's father Naroba, uncles Purbha and Pandurang were owners of remaining 16 acres 20 gunthas to the extent of 5 acres 20 gunthas each. Gopalsinh had leased out his land to plaintiff's father i.e. Naroba. As such, Naroba was holding 22 acres area from Survey No.3. On 6/9/1967, Naroba expired. However, on 14/6/1968, his brothers Pandurang and Purbha joining hands with Revenue Officers, shown partition of suit land amongst brothers and got mutated their names along with name of plaintiff's brother Sambha in the revenue record. Later on, they executed sale deed dtd. 9/6/1972 of 4 acres land in favour of T. Rajendra and sale deed dtd. 4/7/1975 of 12 acres 20 R land in name of Bhaskar Wattamwar.