V.K. JADHAV, J.

1. Heard finally with consent at admission stage. Being aggrieved by the judgment and order dated 8th August, 2016 passed by the District Judge-5, Aurangabad in Regular Civil Appeal No. 201 of 2016, the original Respondent No. 1 in the above appeal has preferred this appeal.

2. Brief facts giving rise to the present appeal from order are as follows:

(a) The Appellant had instituted Regular Civil Suit No. 45 of 1980 for decree of perpetual injunction and recovery of possession against present Respondent Nos. 2 to 4 in respect of the land bearing Gut No. 220 to the extent of 2 Acres 28 Gunthas situated at village Navgaon, Taluka Paithan, District Aurangabad. The learned Civil Judge Senior Division, Paithan vide its judgment and decree dismissed the said suit. Being aggrieved by the same, the Appellant had preferred Regular Civil Appeal No. 232 of 1985 before the District Court, Aurangabad. However, the said appeal came to be dismissed by the District Judge by judgment and decree dated 11th March, 1991. Being aggrieved by the same, the Appellant had preferred Second Appeal No. 482 of 1991 and this Court by judgment and order dated 17th July, 2009 allowed the sai