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1989 Supreme(Bom) 33

M.S.RATNAPARKHI
Namdeo s/o Maroti Gabhane – Appellant
Versus
Monabai (Smt. ) w/o Laxman Jadhao & another – Respondent


JUDGMENT - M.S. RATNAPARKHI, J.:---The decree passed by the Joint, Judge Akola on 20-12-1984 in Regular Civil Appeal No. 303/82, allowing the appeal and remanding the matter to the trial Court for decision according to law, has been challenged in this revision.

2. The facts giving rise to this revision may be briefly stated as follows:

Monabai and Ramkrishna (the present respondent Nos. 1 and 2), instituted Regular Civil Suit No. 98/76 before the Joint Civil Judge, Junior Division, Washim for injunction restraining the defendant (present petitioner) from obstructing their possession over Survey Nos. 347/1 and 462. This suit came to be opposed by the defendant on various grounds with which we are not concerned at this stage. The trial went on. Two witnesses of the plaintiffs were examined on 1-4-1981 and the case was placed for further evidence on 2-4-1981. On 2-4-1981, both the parties filed an application Ex. 63 stating that they are proposing to settle the matter amicably. They requested time from the Court for settling the matter amicably. It appears from the record that the Court adjourned this matter to 6-4-1981. On this day, both the parties filed an application Ex. 64 stati







































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