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2024 Supreme(Bom) 1075

SANDEEP V. MARNE
Sudesh Sharad Redij – Appellant
Versus
Sunil Shankar Redij – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Raju Suryawanshi
For the Respondent: Mr. Satyajeet Rajeshirke

JUDGMENT :

Sandeep V. Marne, J.

By this Appeal, Appellants have challenged the Judgment and Decree dated 2 May 2017 passed by the Ad-Hoc District Judge-I, Ratnagiri in Civil Appeal No. 155/2012. The first Appellate Court has dismissed the Appeal filed by Appellants and has confirmed the Decree dated 21 July 2012 passed by the Civil Judge Senior Division, Ratnagiri in Regular Civil Suit No.55/2004. The Trial Court while decreeing the suit, has injuncted the Appellants/Defendants from obstructing Plaintiffs possession in respect of the suit property without following due process of law.

2. Briefly stated, facts of the case are that Municipal House No. 1981 at City Survey No. 2432 within the limits of Ratnagiri Municipal Council and bearing Survey No.479, Hissa No.8 admeasuring 1.5 Ares at Village-Zadgoan together with Shop situated on ground floor therein named 'Sadhana Stores is the subject matter of the suit. Plaintiff/Respondent No.1 contended in his suit that Shop 'Sadhana Stores was being run initially by his father - Shankar Gajanan Redij and thereafter Plaintiff started operating the Shop. He further pleaded in the plaint that, Shankar Gajanan Redij, Sharad Gajanan Redij and Rame

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