MANISH PITALE
Shankarlal Chhanulal Nagpure – Appellant
Versus
Pramodkumar Prahladrai Agrawal – Respondent
1. The applicant herein, the original defendant, has sought to invoke revisional jurisdiction of this Court, challenging order dated 10.08.2017 passed by the executing Court, whereby his objection to execution of decree passed in favour of the respondents herein, has been overruled.
2. The respondents-plaintiffs had filed a suit for declaration, permanent injunction and mandatory injunction before the Court of Civil Judge, Senior Division, Gondia (trial Court). It was the claim of the respondents that the applicant herein had illegally made construction on a lane on the north west side of the suit property. The respondents prayed for removal of such illegal construction made on the lane. The applicant appeared before the trial Court and filed his written statement. But thereafter, he did not participate in the proceedings before the trial Court. The respondents adduced oral and documentary evidence in support of their claim and by judgment and order dated 20.01.2005, the trial Court decreed the suit, granting a declaration that the construction made by the applicant over the aforesaid lane was illegal and further directed the applicant to remove such construction over the
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