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1996 Supreme(SC) 93

G.B.PATTANAIK, K.RAMASWAMY
Ranganath Parmeshwar Panditrao Mali – Appellant
Versus
Eknath Gajanan Kulkarni – Respondent


JUDGMENT

G.B. Pattanaik J.-Leave granted.

2. The appellants are the plaintiffs who filed a suit seeking injunction against the respondents in the Court of Civil Judge, Junior Division in the district of Ahmednagar. The said suit was registered as Suit No. 200 of 1985. It was alleged that the common ancestor Bhanudas had two sons Panditrao and Gajanan. Plaintiffs are the sons of Panditrao from his marriage with Shevantabai and the defendants are the sons of Gajanan. The further case of the plaintiffs was that there had been a petition between Panditrao and Gajanan and the suit property admeasuring 3.18 hectares in village Kongoni had been allotted to the heirs of Panditrao. Panditrao died in the year 1976 leaving behind his sons the plaintiffs and the widow Shevantabai. Shevantabai died in 1977 and thereafter the plaintiffs are in continuous possession of the suit property. The defendants however managed to get their names entered in the revenue record by way of mutation. Against the said order of mutation the plaintiffs preferred an appeal and the appellate authority had set aside the order of mutation in favour of the defendants. But still the defendants having obstructed the plaint












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