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2021 Supreme(Bom) 965

SANDEEP K.SHINDE
Sharja Prabhudas Chavan – Appellant
Versus
Pyarelal Isak Maner – Respondent


Advocates appeared:
Prithviraj S Gole, Advocate, Anusha P Amin, Advocate, Tejpal S Ingale, Advocate

JUDGMENT

Sandeep K. Shinde, J. - Appellant/plaintiffs Regular Civil Suit No.201 of 2010 seeking decree of perpetual injunction was dismissed on 27th March, 2014 by Joint Civil Judge, Junior Division, Miraj. Appeal against the said rejection, also met with same fate. As such, plaintiff has preferred this appeal against the decree in Regular Civil Appeal No.81 of 2014 dated 17th June, 2017 by Ad-hoc District Judge-1, Sangli. The suit property is Plot No.27, Original Gunthewari Plot No.3 situated in City Survey No.36/2 + 3A/2B having area of 0.03 HR, i.e., 300 sq.mtrs. at Sangli, Miraj and Kupwad Municipal Corporation area at Miraj. Plaintif would assert her possession over the suit land on title.

2. It is plaintiffs case that her husband vide sale deed dated 26th April, 1989 purchased suit plot from Laxman Ramchandra Jadhav. It is plaintiffs case that Jadhav had purchased suit plot/property from Vitthal Bapu Khot vide sale deed dated 15th July, 1985. Apprehending the obstruction to her possession over the suit property, the subject suit was instituted. Indisputably, the plaintiff did not produce title deeds or such revenue entries to substantiate her possession over the suit land. When

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