Original defendant No. 1 in Special Civil Suit No. 21 of 2011 has taken exception to the common order dated 5th March, 2012, passed below applications Exh.51 and Exh-55 by the learned Civil Judge, Senior Division (Corporation Court), Aurangabad, whereby he rejected the said applications.

2. The applicant is the owner of plot No. 12, C.T.S. No. 18151, situate in Friends Cooperative Society, Kokanwadi, Aurangabad, which has been purchased by him from one Narayan T. Jape. To the west of that plot, there is plot No. 13, C.T.S. No. 18152 in the same Cooperative Housing Society, which is owned by respondent No. 1 (the original plaintiff). Plot No.13 has been purchased by respondent No. 1 from one Vimalbai Kulkarni.

3. The case of the applicant, as disclosed from the application (Exh.51), is that Vimalbai Kulkarni had filed Dispute No. 367 of 2000 before the Cooperative Court, Aurangabad against the Friends Cooperative Society and Narayan T. Jape, claiming possession of 110 square meters of land alleged to have been encroached upon by Narayan T. Jape out of plot No.13. She unconditionally withdrew the said Dispute on 17th January, 2003. Respondent No.1, who is the successor-in-tit