UTTAMRAO HANUMANT DESHMUKH Vs. DATTATRAY GANPATRAO WANKHEDE

JUDGEMENT

(1.) The Trial Court Passed A Decree In Regular Civil Appeal No. 105 of 1993, restraining the defendants permanently from causing any obstruction to the plaintiff for construction of boundary wall as alleged in paragraph 7(1) of the plaint. The defendant No.1 was directed to remove the wooden stumps which he had erected in the plot of the plaintiff as shown in the map at Exh.32. The map prepared by the Surveyor at Exh.31 was treated as part and parcel of the decree passed by the trial Court. The defendants preferred Regular Civil Appeal No. 114 of 1995 and that has been allowed by the lower appellate Court on 11.07.2002. The suit filed by the plaintiff has been dismissed. Hence, the plaintiff is before this Court in this second appeal.

(2.) On 21.09.2005, This Court Admitted The Second appeal on the question No.4 framed in the memo of appeal, which is reproduced below.

(3.) The Question Involved Before The Trial Court Was regarding title of the plaintiff over the suit property. The trial Court held it in affirmative, whereas the appellate Court has recorded the finding that the plaintiff has failed to establish that the defendant no.1 has encroached upon his portion of the property by fixing pegs for tethering cattle.