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2022 Supreme(Bom) 513

ANUJA PRABHUDESSAI
Bharat Kisan Mekale – Appellant
Versus
Ravikumar Jethappa Kurne – Respondent


Advocates Appeared:
For the Appellant : Ms. Gauri Godse.
For the Respondents: Mr. R.M. Haridas i/b. Mr. Prasad P. Kulkarni.

JUDGMENT :

1. With consent of the parties the matter is heard finally at the stage of admission.

2. The Appellant herein has taken exception to order dated 01/11/2018 under Order 41 Rule 27 of the CPC and judgment and decree dated 26/03/2019 passed by the learned District Judge-3, Solapur in R.C.A. No.276 of 2017.

3. Heard learned counsel for the Appellant and Respondents. Perused the records and considered the submissions advanced by learned counsel for the respective parties.

4. Respondent No.1 (hereinafter referred to as the Plaintiff) had filed a suit for permanent injunction in respect of land admeasuring 156.06 sq. mts. from Survey No.8426/A/1 final plot No.159+160/330. The Plaintiff claimed that his grandfather Ladappa Kurne was an employee of Jam Mill, the original owner of the suit property. In the year 1930, the owner of the land allotted an open plot of land to Ladappa for accommodation purpose and that Ladappa constructed four rooms, toilet and bathroom in the said plot and started residing therein. The father of the plaintiff and later the Plaintiff continued residing in the said premises without any obstruction and interference from anyone.

5. The Defendant No.1 has purcha

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