SANJAY BABURAO INGALE Vs. BHAGWAT LAHANU SATAV

JUDGEMENT

(1.) This matter was heard on 18-12-2001. While admitting the petition, this Court had granted interim relief to the petitioners in terms of prayer clause (B). The prayer clause (B) in the memo of the petition reads as under:--

(2.) The petitioners submit that CTS No. 232/1A admeasuring 38.5 Sq. meters was originally owned by one Shri Wani. The western side area of the said plot was purchased by the father of respondent No. 1 on 27-10-1967. One Shri Namdev Devram Patil purchased an area of 23 Sq. Waar on 20-2-1979 from Shri Wani. Petitioner No. 3 purchased an area of 23 Sq. Waar (19.5 Sq. meters) from Shri Namdev Devram Patil. Petitioner Nos. 1 and 2 have purchased the land admeasuring 19.5 Sq. meters from petitioner No. 3. It is therefore, submitted that petitioner No. 3 is the predecessor in title of petitioner Nos. 1 and 2. Thus, petitioners are today in possession of a total area admeasuring 29.5 Sq. meters.

(3.) Respondent No. 1 herein, who has chosen to remain absent, though served, had filed R.C.S. No. 50/1981 before the learned Civil Judge (Junior Division), Raver, praying for perpetual injunction and mandatory injunction for removal of encroachment in respect of the area admeasuring 29.5 Sq. Waar. The learned Trial Court was pleased to dismiss the said suit. A Civil Appeal No. 193/1993 preferred by respondent No. 1 was dismissed and the judgment and decree passed in R.C.S. No. 50/1981 was confirmed on 24-2-1998.