RAMBHAU Vs. BALABHAU

JUDGEMENT

(1.) Present appeal has been filed by the original plaintiffs challenging the judgment and decree passed in Regular Civil Appeal No.50 of 2011 by learned District Judge-1, Majalgaon Dist. Beed dated 07.10.2016 thereby the appeal filed by present respondents came to be allowed and the suit filed by the present appellants i.e. R.C.S. No.33 of 2008 came to be dismissed.

(2.) The facts giving rise to the Second Appeal are that :

(3.) The defendants appeared and filed written statements denying all the averments in the plaint except the fact that the plaintiffs are the owners of Gut No.133. It was contended by them that there is South-North common bandh between their lands and there are two trees of Hivara as well as Babool and Jujube. All these trees are old to which they used to tie their cattle. Those trees are intact and, therefore, there is no question of damage to the common bandh and encroaching on the land belonging to the plaintiffs. They have alleged that the plaintiffs have broken the said bandh from the western side and had made encroachment.