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2019 Supreme(Bom) 1521

VIBHA KANKANWADI
Indira Chhabildas Jadhav – Appellant
Versus
Vasaram Dhuma VanjariQ – Respondent


Advocates:
Advocate Appeared:
V.B. Patil, Adv., G.S. Rane, Adv.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original plaintiff challenging the concurrent Judgment and decree passed in Regular Civil Appeal No.05 of 2009 by learned District Judge -1, Amalner, dated 26-10-2015, thereby dismissing her appeal and confirming the dismissal of her suit for removal of encroachment and possession bearing Special Civil Suit No.47 of 2007 by learned Civil Judge, Senior Division, Amalner, dated 22-01-2009.

2. The present appellant - original plaintiff had come with a case that, she is the owner of Gut No.65/2B/1 admeasuring 1 H 52 R situated at village Sarbete Bk. Tq. Amalner Dist. Jalgaon which has been more particularly described in para No.1 of the plaint. Defendant is the owner of southern part of the land in the same gut number, it is then numbered as Gut No.65/1 admeasuring 59 R out of area admeausring 1 H 80 R land. It was more particularly described in para No.2 of the plaint. Plaintiff had purchased the said land from one Devidas Kalu Vanjari, Sanjay Kalu Vanjari and Chababai Kalu Vanjari by registered sale deed dated 30-04-2007. Since the date of purchase, plaintiff possesses the land and enjoys it as owner thereof. It is

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