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2016 Supreme(Bom) 1713

R.D.DHANUKA
Namdev Sadashiv Adsul – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Mr. R.A., with Mr. P.B. Gujar.
For the Respondents: Ms. Shyamali Gadre with Mr. Ankit Kulkarni.

JUDGMENT :

By this appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants (original plaintiffs) have impugned the judgment and decree dated 2nd April 2011 passed by the Principal District Judge, Satara, dismissing Regular Civil Appeal No.165 of 2005 filed by the appellants. The appellants had impugned the judgment and decree dated 29th April 2005 passed by the learned Civil Judge, Senior Division, Satara, dismissing Regular Civil Suit No.171 of 1992 filed by the appellants inter-alia praying for declaration and injunction in respect of the suit properties bearing survey no.222 (old), 234 (new), admeasuring 2-H 27-R situated at Wai and the property bearing survey No. 254/2-B (old), and the property bearing survey 8/2-B (new), admeasuring 1-H, 44-R situated at Shelarwadi. Some of the relevant facts for the purpose of deciding this second appeal are as under:-

2. The parties in this judgment are described as per their original status in the suit filed by the plaintiffs. The plaintiffs were the owners of the suit properties and were claiming to be in possession and cultivating the suit lands for a long period. It was the case of the plaintiffs that on the dat























































































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