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2015 Supreme(SC) 940

RANJAN GOGOI, N.V.RAMANA
Vasant Balu Patil – Appellant
Versus
Mohan Hirachand Shah – Respondent


Judgment

Ranjan Gogoi, J.

1. The plaintiffs’ suits (Nos. 124 of 1982 and 125 of 1982) for declaration of title and injunction were dismissed by the learned trial court. In first appeal, the learned District Judge reversed the decree of dismissal and decided the suits in favour of the plaintiffs. The said decree has been affirmed in second appeal by the Bombay High Court. Aggrieved the present appeals have been filed by the defendants in the two suits.

2. Insofar as recital of the relevant facts is concerned it will suffice to notice that the plaintiffs’ suits were initially for injunction against one Essar Construction Company (Suit No.125 of 1982) and one Ardeshir B. Kurshetji & Sons Pvt. Ltd. (Suit No.124 of 1982) who were raising certain constructions on the suit land of which the plaintiffs claimed to be owners. Initially the present appellants/defendants were not parties to the said suits. However, subsequently they were impleaded as defendants as, according to the plaintiffs, they were informed by the construction companies that they were authorised to raise the constructions on the suit land by the villagers of Mandva Village who claimed to be owners of the land. The appellants













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