YOGESH KONDIBA JADHAV Vs. VIKRAM SAHEBRAO MURKUTE

JUDGEMENT

(1.) Heard Mr. Deo, learned counsel for the Appellant and Mr. Nikte, learned counsel for the Respondent

(2.) Mr. Deo, learned counsel for the Appellant submits that there is no dispute that the Appellant is predecessor title of the Respondent in so far as the suit property is concerned. He points out that as per the sale deed, only an area of 5.20 R was sold to the predecessor, the title of the Respondent. He points out that the area for road widening was 91.50 sq.mtrs. He therefore submits that the effective area of the plot ought to have been 428.50 sq.mtrs. He further submits that if the Gunthewari Plan on the basis of which the Respondent has put up construction on the plot is perused, then it is evident that Respondent has indicated this total plot area as 696.10 sq.mtrs.

(3.) Mr. Deo submits that this is clear evidence of encroachment. He submits that in the matter of this nature, the Court ought to allow to appoint Commissioner of Surveyor to ascertain the issue of encroachment. He submits that since this is not been done, substantial question of law as set out in the memo of Appeal arises and consequently this Appeal is required to be admitted and considered.