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2019 Supreme(Bom) 672

VIBHA KANKANWADI
Sudhakar – Appellant
Versus
Gorabai – Respondent


Advocates Appeared:
A.S. Deshmukh, Adv., S.B. Bhosale, Adv., R.B. Singare, Adv., Patil, Adv.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by original plaintiff. He had filed Regular Civil Suit No. 143 of 2010 for possession of encroached portion of the land from defendants. He had come with a case that he is the owner of agricultural land bearing Gut No. 89/1 admeasuring 83 R situated at Pimpalgaon Barva, Tal. Bhokardan, Dist. Jalna. The total area of Gat No. 89/1 was 10 H, 45 R; however, he has sold 9 H, 62 R. Now area admeasuring 83 R is remaining with him. According to him, the defendants have made encroachment over the same. Hence, suit has been filed for removal of encroachment and possession.

2. Defendants were duly served but failed to appear, hence the matter proceeded ex-parte against them.

3. Plaintiff has filed his affidavit-in-chief and then examined the Taluka Inspector of Land Records (hereinafter referred to as TILR). The cadastral surveyor has deposed that he has measured land Gut No. 89/1 and found that defendants have encroached on the land of plaintiff. Learned Civil Judge Junior Division has decreed the said suit on 02-05-2015.

4. Original defendants challenged the said judgment and decree before District Court Jalna by filing Regular Civ





















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