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2010 Supreme(Bom) 59

F.M.REIS
Sarita W/o Narendra Shahu – Appellant
Versus
Public Cooperative Housing Society Ltd. – Respondent


Advocates appeared:
Mr. Rahul Tajne, counsel for appellant. Mr. S.D. Deshpande, counsel for respondent.

ORAL JUDGMENT

Heard the learned counsel for the appellants and the respondents.

2.Both the above appeals are disposed of by common judgment by consent of both the counsels as both the appeals have been preferred against one common judgment passed by the learned District Judge dismissing the appeals preferred by the appellants against the judgment and decree passed by the learned Joint Civil Judge (Junior Division), Nagpur.

3.The present appeals challenge the judgment passed by the learned District Judge, Nagpur in Regular Civil Appeal No.265/1998 whereby the appeals came to be dismissed.

4.The respondents filed a suit claiming that they are the owners of the property admeasuring 11613 Sq. Mtrs. Survey No.65/2, Patwari Halka No.44, (New Ward No.15) situated at Mouza Jaitala, Nagpur in view of the sale deed dated 14/11/1973 and corrected deed dated 18/9/1974. A residential layout was sanctioned by the Corporation for the respondents. It is the case of the respondents that the appellants have encroached into their said property and in the meeting held on 15/4/1989, the appellants were shown as encroachers. As the appellants failed to remove the encroachment as per the demands, the sui







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