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 appellant is original defendant No.2. Respondent Nos.1 and 2 are original plaintiffs. They are all residents of village Girgaon. Admittedly appellant had been a Member of Grampanchayat which is respondent No.3 and original defendant No.1. Part of City Survey No.1016 situated at Girgaon is the disputed property. C.S. No.1016 is standing in the name of appellant in the City Survey records. Prior to 1978 there were Grampanchayat house numbers given to various properties and Grampanchayat house No.533, which was an open space belonged to respondent No.3-Grampanchayat. One Shamrao Doke, who was Member of Grampanchayat had grabbed said Grampanchayat House No.533 and entered his name in the tax assessment register of respondent No.3. At that time the appellant filed objection to the entry on 23.02.1982, and by Resolution No.108 dated 24.02.1982 respondent No.3 Grampanchayat deleted name of Shamrao Doke and restored its name. Thereafter, the appellant was again elected as a Member of the Grampanchayat.

6. According to respondent Nos. 1 & 2 the appellant encroached into property of the Grampanchayat admeasuring 120.5 sq.mtrs and applied for permission for construction. Accordingly, defendant No.1 Grampanchayat granted permission on 24.09.1993 and the appellant who was original defendant No.2 started construction. Thereafter respondent Nos. 1 and 2 who were original plaintiffs made application to the Collector on 11.1993. The Chief Executive Officer, Zilla Parishad, made enquiry and objection of respondent Nos. 1 and 2 was rejected. Respondent Nos. 1 and 2 also gave notice to respondent No.3 Grampanchayat through advocate on 110.1994. Though reply was given respondent No.3 Grampanchayat failed to protect its property.

.7. It is further case of the appellant that original area of the property of the appellant was only 24.5 sq.mtrs. but he made application to the City Survey record in 1993 and got included 120.45 sq.mtrs. area which belonged to the Grampanchayat and which was original Grampanchayat house No.533 in C.S.No.1016. This was very property earlier grabbed by Shamrao Doke, but by resolution No.108 dated 24.02.1982, respondent No.3 Grampanchayat had taken it back at the instance of the appellant. Thus, the appellant changed the area of his property City Survey No.1016 from 24.5

.sq.mtrs. to 145.00 sq. mtrs. Application for alleged correction of the area was granted by City Survey in 1999. Respondent Nos. 1 and 2 filed suit against respondent No.3 and appellant for direction to the appellant to remove his construction and handover the possession of encroached portion admeasuring 120.5 sq.mtrs. to respondent No.3 (defendant No.1-Grampanchayat).

8. It is defence of the appellant that he had not made any encroachment. Earlier area of his property City Survey No.1