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2019 Supreme(Bom) 2053

VIBHA KANKANWADI
Chandkhan Faridkhan Patel – Appellant
Versus
Mehrunissa Begum – Respondent


Advocates Appeared:
B.R. Kedar, Advocate, H.I. Pathan, Advocate

JUDGMENT

Vibha Kankanwadi, J. - Present appeal has been filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by learned District Judge-1, Ahmedpur, Dist. Latur dated 17.10.2016 and R.C.S. No.69/2009 by Jt. Civil Judge Junior Division, Ahmedpur, Dist. Latur dated 16.10.2015, whereby the suit filed by the present respondents-plaintiffs for removal of encroachment and possession came to be decreed against the present appellants.

    2. Original plaintiff No.1 is the owner and possessor of 80 R land from Gat No.377, whereas plaintiff No.2 is the owner and possessor of 1 H 42 R from the same Gat number. Land belonging to plaintiff No.1 is towards north of land belonging to plaintiff No.2. Defendants are the owners of 65 R from Gat No.393 and it stands in the name of defendant Nos.2 and 3. Defendant Nos.1 to 3 are also the owners and possessors of land admeasuring 1 H 63 R from Gat No.376, though the land stands in the name of defendant No.3. It has been contended by the plaintiffs that defendant No.3 conspired with revenue authorities and got more land mutated to the record of Gat No.376. Land Gat No.393 is towards eastern side of plaintiffs''

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