GOVIND ANAND GOLTEKAR Vs. DASHARATH DEOBA GOLTEKAR

JUDGEMENT

(1.) THIS is plaintiff's Second Appeal arising from Civil suit No. 207/84. The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

(2.) THE plaintiff (since deceased) and now represented by his legal heirs had filed the said Civil Suit praying therein for permanent injunction to restrain the defendant from interfering with the possession of the plaintiff and also for mandatory injunction directing the defendant to remove the haystack put by the defendant in the suit property 'b'.

(3.) THE subject matter of the suit were two properties namely, property 'a' known as "cumbiocho Kundgo" having land registration no. 37956 of Book No. 97 and survey no. 278/40. The defendant raised no dispute as regards this property and consequently the learned trial Court partly decreed the suit in respect of suit property 'a'.