RAMDAS BHATU CHAUDHARY Vs. ANANT CHUNILAL KATE

JUDGEMENT

(1.) Heard learned counsel for the respective parties at length.

(2.) Legal heirs of original defendant are the appellants herein and respondent is the original plaintiff. The parties are referred as to their original status in the suit.

(3.) The plaintiff has filed Regular Civil Suit No. 209 of 1999 ("rcs") on 29-7-1999 for possession and injunction. The suit property comprises a piece of land admeasuring 6000 sq. ft. out of S. No. 55/2-B situated at village Deopur, district Dhule ("suit property"). It is pleaded by the plaintiff that he had purchased the land, jointly with four other persons, on 21-7-1986, out of S. No. 55/2-B totally admeasuring 1 Hectare and 55 Ares, from one Bhanu. The plaintiff and other co-owners subsequently partitioned the suit property, after its development. The suit property reserved for school building and play ground is also part and parcel of said S. No. 55/2-B. After partition between the plaintiff and other co-sharers, the suit property was allotted to the share of the plaintiff and is in his possession. According to the plaintiff, defendant has committed an encroachment and constructed three sheds admeasuring 12x15, 18x20 and 20x10 feet so also started brick kiln in the suit property. The plaintiff had brought these facts to the notice of the Municipal council, Dhule, Officers of the Dhule Municipal Council tried to take action against the defendant but in vain. The plaintiff addressed a notice, dated 15-6-1999 through Advocate. Brick kiln started by the defendant in the suit property is also a cause for pollution in the vicinity. With these pleadings, the plaintiff had sought a relief of mandatory injunction by removing the sheds constructed by the defendant and for possession of the suit property. A perpetual injunction was also sought against the defendant from carrying out any construction over the suit property.