NAHOOR AMIN CHINPADE Vs. RAKIRMOHAMMAD P SHAIKH

JUDGEMENT

(1.) Heard Counsel for the parties. This second appeal deserves to be admitted as it raises substantial questions of law to which I shall refer to a little latter. Hence, Admit. Heard forthwith for final disposal by consent.

(2.) The appeal takes exception to the judgment and decree passed by the Principal District Judge, at Satara dated 21st December 2006 in Regular Civil appeal No. 4 of 2004. The said appeal emanated from a suit filed by the respondent initially for relief of injunction, and subsequently by way of amendment further relief of declaration of mandatory injunction was sought by the respondent against the appellant-defendant.

(3.) The said Regular Civil Suit No. 125 of 1996 came to be decreed by the trial Court by judgment and order dated 11th November 2003. Against the said decision the appellant-defendant carried the matter in appeal. By the impugned judgment and decree the District Judge has dismissed the appeal. In my opinion, it is apposite to reproduce the reasons recorded by the Appellate Court on the basis of which the appeal came to be dismissed, which reads thus:- <FRM>JUDGEMENT_515_BCR5_2007Html1.htm</FRM>