ARUN.D.UPADHYE,J. - (1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.
(2.) By this application, the applicant has prayed to quash and set aside the order dated 23/02/2017 passed by the Joint Civil Judge, Junior Division, Yavatmal below Exh.45 in Regular Civil Suit No.104/2015. The brief facts of the case are as under :-
(3.) The applicant / original plaintiff has filed suit for permanent injunction against the non-applicants / original defendants. The non-applicant No.1 filed written statement and made counter-claim and averred that the property was originally owned by Smt.Kalawatibai Yeshwantrao Ramekar, who executed Sale Deed in favour of one Babulal Lalsingh Chavan. It is alleged that the non-applicant No.1 was the real owner and said Babulal was a Benamidar.;