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2013 Supreme(Bom) 1434

S.S.SHINDE
Babybai w/o. Sakharam Pardeshi – Appellant
Versus
Ganesh s/o. Asaram Sawant – Respondent


Advocates Appeared:
Mr. C.V. DHARURKAR, Advocate for Applicants.
Mr. S.D. BADE, Advocate h/f Mr. S.S. THOMBRE, Advocate for the Respondent sole.

JUDGMENT

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. This Civil Revision Application takes exception to the order dated 19th April, 2012 below Exhibit-40 in Regular Civil Suit No. 222 of 2010 passed by the 5th Joint Civil Judge, Junior Division, Beed.

The back ground facts as disclosed in the Civil Revision Application for filing the same are as under:

3. The applicants are original plaintiffs. The applicants instituted suit praying therein for removal of encroachment by the respondent and for perpetual injunction.

According to the applicants, the property over which the suit is filed is Grampanchayat Property No. 320/City Survey No.735. The total measurement of CTS No. 735 is 22 x 60 feet. It is the case of the applicants that, out of 22 x 60 feet, 5 x 60 feet is disputed. It is the contention of the applicants that, non applicant in collusion with Gramsevak of village created false record; relying on the said record, the non-applicant is trying to encroach upon the land owned by the applicants. It is further case of the applicants that, on 9th May, 2010 wrong entry is taken over the papers relating to the suit property and the non-applicant





























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