JUDGMENT

M.S. Jawalkar, J. - The Appellant filed present Appeal being aggrieved by the judgment and decree passed by the learned 2nd Ad-hoc Additional District Judge, Washim in Regular Civil Appeal No. 89/2001 decided on 13/12/2005 arising out of the judgment and decree passed by the learned Civil Judge Senior Division, Washim in Regular Civil Suit No. 141/1997 dated 15/03/2000, whereby the Appeal filed by the Defendants came to be allowed.

2. The brief facts for deciding the present Second Appeal are as under:-

The Appellant herein is the original Plaintiff who had filed the Suit i.e. Regular Civil Suit No. 141/1997 for Permanent Injunction. It is the contention of the Plaintiff that the Suit Property is a room ad-measuring 16 x 20 square feet constructed with stones and mud in which a flour mill is erected in the year 1985 and the said constructed room is the ancestral and old one property of the Plaintiff. The Suit Property is more particularly described in Paragraph 1 of the Plaint. The room is ancestral property of the Plaintiff which is constructed by his ancestors, around 50 years ago and in that room, the Plaintiff erected flour mill in the year 1985. In March, 1997, the Defen