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2018 Supreme(Bom) 388

MANISH PITALE
Laxman Bisan Uke – Appellant
Versus
Ashok Ishwar Shinde – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhtar Nawab Nabi Mohammed Ansari
For the Respondents: R.O. Sharma

JUDGMENT :

1. The appellants herein are defendants in a suit for permanent injunction filed by the respondents-plaintiffs in respect of plot no.66 admeasuring 1750 sq. ft. situated in mouza Manewada, P.H. No.39, Kh. No.58, in Dhobi Nagar Co-operative Housing Society at Nagpur. It was the case of the plaintiffs that they had purchased the suit plot by registered sale deed dated 1.1.1990 from Shrawanji Dhepe and that they have been in possession of the same since the date of the execution of the said sale deed. It is their case that they constructed a compound wall around the suit plot in the month of April, 2001.

2. The plaintiffs filed the suit on the basis that the defendants in collusion with each other claiming to be the members of Bhimalepan Deoshan Samiti, a body that was not registered either under the Bombay Public Trusts Act, 1950 or the Societies Registration Act, 1860, sought to disturb the peaceful possession of the plaintiffs and that, therefore, an injunction was required to be issued against them. The defendants (appellants herein) appeared in the suit and claimed that the suit plot was the site where a deity by the name of Bhiwasan also called Bhimalpen was being worsh





























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