RAMESH BAGARAM MANKANE Vs. VASANT DATTATRAY PAWAR

JUDGEMENT

(1.) This second appeal is preferred by original defendant nos. 1 and 2 to challenge the concurrent judgments and decrees granting declaration of title of the suit property and injunction restraining the defendants from obstructing the plaintiffs' possession over the eastern side of suit property shown in green color in the suit map.

(2.) The respondents are original plaintiffs who had filed the suit for declaration and injunction based on title. Plaintiff nos. 1 to 5 are real brothers, and plaintiff nos. 6 and 7 are their sisters. Plaintiff no. 8 is their mother. The plaintiffs are claiming through the original owner Dattatray, i.e. father of plaintiff nos. 1 to 7 and husband of plaintiff no. 8. There is no dispute that Dattatray was the original owner of the suit property. Defendants are claiming rights in the suit property based on two agreements, one possession receipt and a Will allegedly executed by Dattatray. The trial Court decreed the suit granting declaration of title and injunction as prayed, and the said decree is confirmed in the first appeal preferred by the defendants.

(3.) By an order dtd. 16/1/2014, the second appeal was admitted on the following substantial question of law: