T.V.NALAWADE, VIBHA KANKANWADI
Yogesh s/o Sudhakar Chavanke – Appellant
Versus
Sitaram Damu Mate – Respondent
VIBHA KANKANWADI, J.
1. Since both the appeals are arising out of same Judgment and decree, they are proposed to be disposed of by this common Judgment. Both the appellants are the original defendants. They want to challenge the Judgment and decree passed in Special Civil Suit No. 27 of 2012 by Civil Judge, Senior Division, Kopargaon on 17-02-2016 whereby the suit for declaration and perpetual injunction came to be decreed against them. Parties are referred by their nomenclature before the trial Court.
2. Plaintiff has come with a case that, the property i.e. the agricultural land bearing Gut No. 165/1, admeasuring 1 Hectare 86 Ares plus barren land admeasuring 0.29 Are situated at village Nimgaon Korhale Tq. Rahata Dist. Ahmednagar is his ancestral land. Out of the said land, land admeasuring 1 Hectare 12 Ares plus Potkharaba 0 Hectare 07 Are, in all 1 Hectare 19 Ares is the suit property. Plaintiff has three adult married sons and wife in the family. They all are cultivating the said land. Plaintiff and defendant No.1 are distant relatives. It is stated that, taking d
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