RAMESHKUMAR VYANKATSWAMI POONA Vs. SWAMI VIVEKANAND COOPERATIVE HOUSING SOCIETY, SHRIRAMPUR THROUGH ITS CHAIRMAN, SHRI SHIVAJI BHIMRAO DESHMUKH

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and order dated 16-09-2015, passed by the Court of District Judge2, Pusad (appellate Court) in Regular Civil Appeal No.70 of 2011, whereby the appeal has been dismissed and judgment and decree dated 12-07-2011, passed by the Court of Joint Civil Judge, Senior Division, Pusad (trial Court) in Special Civil Suit No.22 of 2005, in favour of respondent no.1 Society has been confirmed.

(2.) The respondent no.1Society is the original plaintiff. It filed the aforesaid suit for declaration and possession against the present appellant and respondent no. It is claimed by respondent no.1Society that Plot No.B5 (suit plot) was originally allotted to father of respondent no.2, which was later inherited by the said respondent. It was further claimed by respondent no.1Society that although loan in respect of the suit plot was repaid by respondent no.2, he did not take possession of the same and that the appellant (original defendant no.1) had unauthorizedly taken possession of the suit plot. In this backdrop, respondent no.1Society filed the suit and claimed possession of the suit plot. The appellant filed his written statement and denied the claim made by respondent no.1 Society.

(3.) The appellant was represented by an Advocate before the trial Court and beyond filing written statement, no further steps were taken on behalf of the appellant because his Advocate claimed that he had received no instructions and that therefore, he was unable to conduct the matter on behalf of the appellant before the trial Court. The said Advocate also issued notice to the appellant and claimed that a postal acknowledgment had been received. The said letter along with acknowledgment were placed on record of the trial Court along with pursis. The respondent no.2 supported the case of respondent no.1Society before the trial Court.