BHAGWANRAO SHANKARRAO CHINCHALKAR (DIED) Vs. TAHSILDAR

JUDGEMENT

(1.) Heard finally with consent of both the sides.

(2.) Both second appeals are filed by original plaintiff against the judgment and decree passed by Lower Appellate Court reversing the decree passed by the Trial Court. Second Appeal No.782 of 2015 is arising out of the decree passed in counter claim in favour of respondent No.4. The parties are referred to by their original status in the Trial Court. This Court is referring to the paper book of Second Appeal No.242 of 2012.

(3.) Regular Civil Suit No.46 of 2010 (Old 199 of 2000) was filed by the appellant/plaintiff for declaration and injunction in respect of 41 R., of land of Gut No.499 situated at Chinchala. The defendant Nos.2 to 4 contested the suit and also filed counter claim for declaration and injunction. Trial Court decreed the suit and dismissed counter claim vide judgment dtd. 19/3/2011. Being aggrieved, defendant No.4 preferred Regular Civil Appeal No.14 of 2011. Lower Appellate Court non-suited the plaintiff and allowed the counter claim, by reversing the decree of the Trial Court vide judgment dtd. 3/3/2012.