R.M.SAVANT
Sonabai Ramchandra Khot – Appellant
Versus
Bhimrao Krishna Khot – Respondent
Admit, with the consent of the parties, taken up for hearing forthwith.
2. The above Second Appeal arises out of the judgment and order dated 10 the August, 2011passed by the learned District Judge-1, Islampur by which the Appeal filed by the Respondents herein came to be partly allowed and resultantly, the decree passed by the trial Court in Regular Civil Suit No.214 of 2001 came to be set aside and the suit, in turn, came to be decreed, whereby the Respondents are perpetually restrained from obstructing Plaintiffs' possession of suit land-IB out of CTS 499. However, the claim of the Plaintiffs for a declaration that they are the exclusive owners of the suit property, was rejected.
3. The facts necessary to be cited for adjudication of the above Second Appeal, in brief, can be stated thus:
i. The suit property described as IB out of CTS No.499 is the open space situated in front of CTS No.498, 500, 501 towards northern side. The Plaintiffs filed the suit in question for perpetual injunction restraining the Defendants from obstructing their right over the suit property. It was the case of the Plaintiffs that they are the owners of CTS No.498 and 501 respectively and that t
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