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2010 Supreme(Bom) 1490

S.S.SHINDE
Pandurang Sakharam Patil – Appellant
Versus
Nanded Parsi Anjuman Trust – Respondent


Advocates appeared:
For the Applicant:P.V. Mandlik, Sr. Counsel. For the Respondent:
S.V. Warad, Advocate.

JUDGMENT :

Heard Learned Senior Counsel appearing for the Revision Applicant and learned Counsel appearing for the respondent.

2. This Civil Revision Application is filed, challenging the Judgment and Order dated 3rd December, 2001, passed by the 2nd Additional District Judge, Nanded, in Misc. Civil Appeal No. 58 of 2001, arising out of order dated 16th April, 2001 passed by the learned Jt. Civil Judge, Senior Division, Nanded in Regular Civil Suit No. 209 of 2001. The revision applicant is original defendant and respondent herein is original plaintiff in Regular Civil Suit No. 209 of 2001, for the sake of brevity the applicant herein will be referred as Defendant and respondent herein refer as plaintiff.

3. The plaintiffs i.e. present respondent herein, filed a suit for perpetual perpetual injunction restraining the defendant from interfering and obstructing the peaceful possession of the plaintiff over the second floor of shopping complex on the property bearing C.T.S. No. 3312 situated at Vazirabad Nanded. The plaintiff contended that the said plot is owned by the plaintiff. The plaintiff is a charitable institution running projects like Blood Bank, Dispensary etc. To have finan











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