As per order passed by this Court on 14th November, 2008, this appeal is being heard finally and disposed of at the stage of admission.

2. The second appeal is directed against judgment and decree passed by the learned Civil Judge, Junior Division, Basmathnagar, Dist. Parbhani in Regular Civil Suit No.51 of 1995 on 111.2003, which judgment and decree is further confirmed by the learned District Judge-1, Basmathnagar, while deciding Regular Civil Appeal No.52 of 2004 on 14.03.2008.

.3. Heard Shri P.R. Katneshwarkar, Advocate for the appellant, Shri S.G. Chincholkar, Advocate for

.respondent Nos. 1 and 2 and Shri G.R. Syed, Advocate for respondent No.3.

.4. This second appeal is admitted on the following substantial question of law:-

."Whether respondent Nos. 1 and 2 who were original plaintiffs were entitled to file suit in representative capacity regarding alleged encroachment made by the appellant into the property of respondent No.3-Grampanchayat?"

.5. Before we proceed to discuss the legal point, it is necessary to set out the facts which are undisputed at this stage and appearing from the record.

.Respondent No.3 is Grampanchayat, Girgaon, Tal.Basmath. The appella