PER COURT :- Heard learned counsel for the respective parties at length.

2. Legal heirs of original defendant are the appellants herein respondent is the original plaintiff. The parties are referred as to their original status in the suit.

3. The plaintiff has filed Regular Civil Suit No. 209 of 1999 ("RCS") 29-7-1999 for possession and injunction. The suit property comprises a piece land admeasuring 6000 sq.ft. out of S. No. 55/2-B situated at village Deo District Dhule ("suit property"). It is pleaded by the plaintiff that he purchased the land, jointly with four other persons, on 21-7-1986, out of S. 55/2-B totally admeasuring 1 Hectare and 55 Ares, from one Bhanu. The plain and other co-owners subsequently partitioned the suit property, after development. The suit property reserved for school building and playground also part and parcel of said S. No. 55/2-B. After partition between the plain and other co-sharers, the suit property was allotted to the share of the plain and is in his possession. According to the plaintiff, defendant has committed encroachment and constructed three sheds admeasuring 12x15, 18x20 and 20x feet so also started brick kiln in the suit property.

The

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