Baban S/o. Madhavrao Malpe vs Yogeshwar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 2077

V. G. BISHT
Baban S/o. Madhavrao Malpe – Appellant
Versus
Yogeshwar – Respondent

Advocates Appeared:
Rohit Joshi, Advocate, S.P.Kshirsagar, Advocate

JUDGMENT

1. The appellant-original defendant has preferred the present appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (the Code) against judgment and order dtd. 27/11/2020 passed by the learned Principal District Judge, Amravati, in Regular Civil Appeal No.42 of 2013 thereby setting aside the judgment and decree of learned Civil Judge, Junior Division, Warud, passed in Regular Civil Suit No.22 of 2004 and remanding back the matter to the said Court with a direction as given in paragraph 25 of the impugned judgment and order of the learned Principal District Judge, Amravati.

2. Brief facts of the case are as under :

(a) The respondent-original plaintiff had filed a suit for declaration and perpetual injunction being Regular Civil Suit No.22 of 2004. It is the case of respondent-plaintiff that he is the owner of land bearing Survey No.1722, House Property No.176, Ward No,.11, Warud along with a well in the said property. The residential house of the appellant-defendant is abutting the western boundary of the suit property of the respondent-plaintiff. The respondent-plaintiff sought a decree for declaration of ownership over the said well and that no person other