JUDGMENT - KHANWILKAR A.M., J.:---This appeal takes exception to the judgment and decree passed by the Bombay City Civil Court, Bombay dated 23rd November, 1977 in Suit No. 1020 of 1964. The said suit was filed by the predecessor of the respondents herein against the predecessor of the appellants herein for possession of a strip of land admeasuring 142 Sq. yds. or thereabout as described in Exhibit A and shown in plant Exhibit G bearing Plot No. 596 of Bandra Town Scheme No. 3. In the alternative, it was prayed to determine the area encroached upon by the defendant in the said suit in respect of the said plot by joint measurement taken by and under the directions of the Court as per records of the Town Planning Scheme as declared in the year 1939 and decree be passed against the defendant and in favour of the plaintiff for possession of the strip of land so determined. Further relief of injunction was prayed in the said suit. The premise on which the suit proceeds is that the plaintiff was the owner of the piece of vacant land bearing Plot No. 596 whereas the defendant was the owner in respect of the adjoining piece of land bearing Plot No. 597. That Plot No. 596 owned by the plain

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