2025:BHC-AUG:12691 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 294 OF 1995 Mahadeo Haribhau Tayad (died)

Through its legal heirs

1-A. Kamalbai Mahadeo Tayad (wife)

Age: 55 years, Occu. Household R/o. Ranjegaon, Post - Nathpur, Tq. & Dist. Beed.

1-B. Manoj Mahadeo Tayad (Son)

Age: 34 years, Occu. Agriculture, R/o. As above.

1-C. Sujeet Mahadeo Tayad (Son)

Age: 32 years, Occu. Agriculture, R/o. As above.

1-D. Anita Chandrakant Nirmal (Daughter)

Age: 29 years, Occu. Household, R/o. Limbaganesh, Tq. & Dist. Beed.

1-E. Sidharth Mahadeo Tayad (Son)

Age: 27 years, Occu. Agriculture, R/o. Ranjegaon, Post - Nathpur, Tq. & Dist. Beed.

2. Maruti s/o Haribhau Tayad Died through his L.Rs.

2A. Mahendra s/o Maruti Tayad Age: 58 years, Occ.: Labour, 2B. Harichandra s/o Maruti Tayad Age: 40 years, Occ.: Labour, 2C. Sangita w/o Bhagwat Tekal, Age: Major years, Occ.: Household, All R/o: Ambika Nagar No. 2, Bhimgarjana, Chal Road no. 16, Vagle Estate, Thane, Tq. & Dist.: Thane (2)

2D. Meena w/o Barikrao Kasbe Age: Major years, Occ.: Household, R/o: Maida Post Ghatsavali, Dist: Beed ..Appellants VERSUS

1) Narayan s/o Kadaji Tayad Died Through his L.Rs.

1-A) Yemubai w/o Narayan Tayad Age: 60 years, Occu. Agri. & Household, R/o at post Nathapur Ranjegaon, Tq. and Dist. Beed.

2) Kundalik s/o Kadaji Tayad Died through his L..Rs.

2A) Sumita w/o Kundalik Tayad Age: 65 years, Occ.: Household, 2B) Dattu s/o Kundalik Tayad Age: 46 years, Occ.: Agri.

2C) Dilip s/o Kundalik Tayad Age: 44 years, Occ.: Agri.

2D) Vinod s/o Kundalik Tayad Age: 29 years, Occ.: Agri.

2.E) Kamal D/o. Kundalik Tayad, @ Kamlabai W/o. Murlidhar Zine (Died)

through his L'Rs

2.E 1) Murlidhar Machhindra Zine, Age: 45 years, Occu. Agri, 2.E2) Vijay Murlidhar Zine, Age: 20 years, Occu. Agri, Both R/o. Harshi Bk, Tq. Paithan Dist. Chhatrapati Sambhaji Nagar 2F) Mangal Sukhdeo Potphode, Age: 50 years, Occ.: Household, (3)

R/o: Rakshas Bhavan, Tq. Georai, Dist. Beed.

3. Sitaram s/o Kadaji Tayad, Age : 35 years, Occupation – Agriculture, R/o. As Above.

4. Bhagwat s/o Atamaran Abuj, Age : 22 years, Occupation Agriculture R/o. As above.

5. Alka w/o Muktaram Chavan, Age 31 years, Occupation Agriculture R/o. As above. ..Respondents ...

Advocate for Appellants : Smt. C.S. Deshmukh Advocate for Respondent Nos.1-A, 2-A to 2-F & 3 : Mr. S.S. Halkunde Advocate for Respondent No.4 : Mr. N.J. Patil ...

CORAM : S.G. CHAPALGAONKAR, J.

DATED : APRIL 24, 2025 JUDGMENT :

1. The plaintiffs/appellants impugns judgment and decree dated 21.06.1995 passed by learned District Judge, Beed in Regular Civil Appeal No.194 of 1994, thereby upholding judgment and decree dated 27.06.1994 passed by Civil Judge, Junior Division, Beed in Regular Civil Suit No.202 of 1990, by which the suit of plaintiffs seeking relief of declaration of ownership and perpetual injunction came to be dismissed. (Hereinafter, parties are referred by original status in the suit for the purpose of brevity and convenience).

2. Plaintiffs instituted suit claiming relief of declaration of ownership and perpetual injunction in respect of suit land bearing (4)

Block No.164 situated at Village Ranjegaon, Taluka and District Beed. According to plaintiffs, the suit land was ancestral property. It was owned by their father Hariba, who expired on 14.05.1989. Thereafter, name of plaintiffs have been mutated in revenue record and they are in enjoyment and possession of property. Defendants, who are unconcern of suit property obstructed in their possession.

Hence, they filed the suit.

3. Defendants filed written statement and admitted that Hariba was the owner of suit property and further pleaded that on 24.04.1975, Hariba executed registered sale deed in their favour and transferred ownership and possession of suit property to them. Since then, they are in enjoyment of property. The consolidation authorities while implementing scheme wrongly continued name of Hariba in record. Plaintiffs by taking disadvantage of aforesaid mistake raised claim for declara