BHUJANGA ABBA PATIL Vs. DNYANU RAMCHANDRA POWAR

JUDGEMENT

(1.) By this petition filed under Section 100 of the Code of Civil Procedure, 1908, the appellants now through legal heirs and representatives (original plaintiffs) have impugned the judgment and decree dated 29th July 1993 passed by the learned 4th Additional District Judge, Kolhapur allowing the Regular Civil Appeal No.277 of 1987 filed by the respondents (original defendants) and dismissing the cross- objection filed by the appellants. The first appellate Court has set aside the judgment and decree dated 16th October 1987 passed by the learned IInd Joint Civil Judge, Junior Division, Kolhapur in Regular Civil Suit No.217 of 1979 filed by the original plaintiffs inter alia praying for injunction and for possession which was decreed by the learned trial Judge. The parties in this judgment are described as per their original status in the proceedings before the learned trial Judge. Some of the relevant facts for the purpose of deciding this second appeal are as under :-

(2.) It was the case of the plaintiffs that the suit field bearing Revision Survey No.24/1 admeasuring 4 acres 9 gunthas plus khara 11 ares assessed at Rs.19.81 now block no.61 situated at Village Aadur, Tal.Karveer, Dist.Kolhapur is owned and was in use and occupation of the plaintiffs. The said field was purchased by the plaintiffs from Mahadev Dattatray Chavan by registered sale deed on 27 th May 1964 and since then the plaintiffs were in use and occupation of the said field.

(3.) It was the case of the plaintiffs that adjoining to the said field owned by the plaintiffs on the western ig side, there is field of the defendants bearing Revision Survey No.24/1 now block no.30. It was the case of the plaintiffs that the field of the plaintiffs and field of the defendants were from original Revision Survey No.24.