HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
GANGADHAR SONU SONAWANE DECEASED AND ORS – Appellant
Versus
NAMDEO BHAUSINGH SONAWANE AND ORS – Respondent
JUDGMENT:
1. By this appeal, Appellants challenge Judgment and Decree dated 16 January 2024 passed by the District Judge-3, Malegaon, District-Nashik in Regular Civil Appeal No.73 of 2023. The first Appellate Court has allowed the appeal filed by original Plaintiffs (Respondent Nos.1 to 13) and has reversed the order dated 28 July 2023 passed by the Joint Civil Judge, Senior Division, Malegaon, District-Nashik in Regular Civil Suit No.66 of 2023. The Suit, which was dismissed by the Trial Court under the provisions of Order VII Rule 11 of the Code of Civil Procedure, has been restored by the first Appellate Court.
2. Respondent Nos. 1 to 13 are Plaintiffs in Regular Civil Suit No.66 of 2023, to which Appellants are impleaded as Defendants.
Agricultural land bearing Gat No.748, admeasuring 13 Hectors 33 R plus pot kharaba (wastage) 1 Hector 11 R totally admeasuring 14 Hectors 44 R at Village-Zadi, Taluka-Malegaon, District -Nashik is the ‘suit land’. Ancestors of Plaintiffs claimed tenancy rights in the suit land and filed proceedings under Section 32-G of Maharashtra Tenancy and Agricultural Lands Act, 1948 (Tenancy Act), which came to be rejected by the Tehsildar and Agricultural Lan
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