JUDGMENT:- Heard learned counsel Mr. N. D. Sonawane instructed by Advocate Shri. V. D. Hon, who appears for the appellant. This Second Appeal is filed by the defendant No.2 in Regular Civil Suit No.48/94.(The parties hereinafter are referred to their original status as plaintiff and defendants in Regular Civil Suit No.48/94).

2. The plaintiff had filed Regular Civil Suit No.4812004 on October 26, 1994 against the defendants for perpetual injunction. The suit, after hearing the parties, came to be dismissed by the Trial Court by its judgment and order passed on October 12, 2001. This judgment dismissing the suit, was challenged by the plaintiff in Regular Civil Appeal No.3/2002. This Regular Civil Appeal No.3/2002, after hearing the parties came to be allowed by the learned Additional District Judge, Kopargaon by its judgment and order dated October 18, 2004, and dismissal of the Regular Civil Suit No.48/ 1994 was quashed and set aside by the First Appellate Court. The First Appellate Court decreed the suit with costs. The defendants were directed to remove the construction of the road, passing through the land of plaintiff on/or before 30th November, 2004. This judgment and decree p

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