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2016 Supreme(Bom) 352

R.D.DHANUKA
Mallappa Shivling Nandani – Appellant
Versus
Bhushan Prakash Risbud – Respondent


Advocates Appeared:
Mr. Sandesh Patil for the Appellant.
Mr. Murlidhar L. Patil for the Respondent Nos.1 and 2.

JUDGMENT :-

1. By this second appeal filed under section 100 of the Code of Civil Procedure, 1908 the appellant (original defendant) has impugned the oral judgment delivered on 29th November, 2012 by the Principal District Judge, Sangli (hereinafter referred to as the “lower appellate Court”), allowing the appeal filed by the respondents herein (original plaintiffs) and thereby setting aside the judgment and decree passed by the learned Civil Judge, Junior Division, Miraj on 25th January, 2006 dismissing the suit filed by the plaintiffs and has decreed the said suit. The lower appellate Court has also granted permanent injunction against the appellant (original defendant) from disturbing the possession of the respondents herein over the suit property. For the sake of convenience, the parties in this judgment are described as they were described in the proceedings before the learned trial Judge.

2. By an order dated 10th June, 2015, passed by this Court, this Court has formulated two substantial questions of law in this second appeal and directed that the matter might be disposed























































































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