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1956 Supreme(Bom) 85

J.C.SHAH, SHIRPATRAO PALNITKAR
Narayan Laxman Ayarkar and Ors. – Appellant
Versus
Vishnu Waman Dhawale and Anr. – Respondent


Judgment -

1. This second appeal arises out of restitution proceedings. Appellants Nos. 1 and 2 filed Suit No. 67 of 1943 in the Court of the Civil Judge, Junior Division, at Pen against respondents Nos. 1 and 2 and another person. The suit was filed under Order 1, Rule 8, of the Civil Procedure Code by appellants NOS. 1 and 2 in their representative capacity. Appellants Nos. 1 and 2 claimed to be the Guraos of the Rameshwar Temple at Pen. In the suit they claimed possession of five lands alleging that the lands were granted in Inam to the Rameshwar Temple and were managed through Vahiwatdars. This suit was decreed on 13th September, 1946, and in December 1946 in execution of the decree appellants Nos. 1 and 2 obtained possession of the lands. Against the decree of the trial Court an appeal was filed by respondents Nos. 1 and 2 to the District Court and in appeal the decree of the trial Court was confirmed. In second appeal to this Court a consent decree was passed on 17th April, 1953. By that decree it was provided inter alia:

"That the Dhavale Gurav family including the defendants (respondents 1 and 2) are entitled to and do recover and retain possession of and enjoy the income of
















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