RAMCHANDRA S/O NARAYANDAS MUNDADA Vs. KAMALKISHOR S/O KISANGOPAL KARWA
LAWS(BOM)-2017-8-61
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on August 31,2017

Ramchandra S/O Narayandas Mundada Appellant
VERSUS
Kamalkishor S/O Kisangopal Karwa Respondents

JUDGEMENT

A.S.CHANDURKAR,J. - (1.) In view of similarity of facts and the nature of evidence led in both the second appeals, they can be conveniently decided by this common judgment.
(2.) The appellants in both the appeals are the original plaintiffs who had filed suit for declaration of ownership along with prayer for perpetual injunction seeking to restrain the respondent from causing disturbance to their possession. The suits were decreed by the trial Court. The appeals preferred by the original defendant were allowed and as a consequence the suits were dismissed. Hence, the plaintiffs have come up in appeals. After the appeals were admitted and the application for temporary injunction came to be rejected with a rider that the parties were restrained from alienating or creating any third party rights in the suit property, the defendant filed Special Leave Petition No.9687/2015 challenging said interlocutory order. The Special Leave Petition was dismissed on 7-4-2017 and this Court was requested to dispose of the second appeals as expeditiously as possible and within a period of six months from said date. In the light of these orders, the second appeals have been heard.
(3.) It is the case of the plaintiff that he is the owner of land admeasuring 6 hectares 38R land on the western side of Gut No.407. The plaintiff claims ownership on the basis of registered gift deed dated 8-11-1994 executed by four trustees. According to the plaintiff, though his name was recorded in the revenue records, the defendant made an application to the Tahasildar, Malegaon for mutating his name as owner on the ground that one Smt. Parubai Kisangopal Karwa had executed a will in his favour. In view of the revenue proceedings initiated by the defendant, the plaintiff filed Regular Civil Suit No.29/2004 praying that it be declared that he was the owner of the suit property. As he was in possession of the same, a prayer for permanent injunction was also made.;


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