Shalini Phansalkar Joshi, J. - (1.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsels for both the parties.
(2.) By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are invoking the writ jurisdiction of this Court, for challenging the concurrent finding of the fact, arrived at by the Court of 2nd Jt. Civil Judge Senior Division, Sangli and the District Judge-5, Sangli, vide order dated 14th December 2015 and 6th July 2017, passed below Exhibit-5 in Regular Civil Suit No.432 of 2015 and Miscellaneous Civil Appeal No.211 of 2015, respectively.
(3.) The Application below Exhibit-5 in Regular Civil Suit No.432 of 2015 was filed by the present Petitioners contending interalia that their predecessor Bhagwan Bhau Chandanshive and 42 other persons had purchased the suit property from Shri Ganpati Panchayatan Sansthan, Sangli on 11th September 1975 by registered sale-deed and since then, they are in possession of the suit property. It was submitted by them that on 18th November 2015, the Respondent Municipal Corporation had started construction of drainage (Nallah) over the suit property through its Contractor and therefore, the Petitioners were constrained to file a suit for injunction, restraining the Respondent from causing obstruction to their peaceful possession in the suit property as owners thereof.;