STATE OF MAHARASHTRA Vs. VITTHAL

JUDGEMENT

(1.) The respondents are the original plaintiffs, who filed Special (State) Civil Suit No.14 of 1996 for declaration that any portion or the construction of the plaintiff No.1, particularly shown by Roman numerals V, VI, VII and VIII in the map annexed with the plaint is not an encroachment on the road and for permanent injunction restraining the defendant from demolishing the said structure of the plaintiff No.1 and damages of Rs.60,000/along with interest. The suit was dismissed by the Trial Court on 23102001. In Regular Civil Appeal No.157 of 2001 preferred by the plaintiff No.1, the lower Appellate Court, by its judgment and order dated 612004, has set aside the decision of the Trial Court and a decree has been passed in favour of the plaintiff No.1. Hence, the original defendant is before this Court in this second appeal.

(2.) Two questions were involved before the Courts below

(3.) The matter was admitted on 2012005 and the substantial questions of law framed, is reproduced below :