2025:BHC-AUG:13924 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.333 OF 1995 Aminabee W/o Turabuddin (Died through L.Rs.)

1-A. Shaikh Maheboob Turabuddin Age 55 yrs., Occu. Agri., R/o Pendgaon Tq. and Dist. Beed.

1-B. Shaikh Baba Turabuddin (Died)

Through his Legal Heirs

1-B(i) Shaikh Kalima w/o Shaikh Baba, Age: 52 Years, Occu: Housewife, R/o. Nalvandi Road, Mauli Nagar Beed

1-B(ii) Shaikh Hakim s/o Babamiya, Age: 25 Years, Occu: Agril, R/o. C/o. Shaikh Babamiya, Ganghi Nagar, Behind Padmini Hospital, Beed

1-B(iii) Shaikh Mosin s/o Babamiya Age: 24 Years, Occu: Agril., R/o. Nalvandi Road, Beed

1-B(iv) Reshma Jafar Sayyad, Age: 32 Years, Occu: Housewife, R/o Sadafulewasti, Jamkhed, Ahemadnagar

1-13(v) Pathan Shabu Ismaial Age: 33 Years, Occu: Housewife, R/o. Nalvandi Road, Mauli Nagar Beed

1-B(vi) Ayesha Baba Shaikh, Age: 27 Years, Occu: Housewife, R/o. as above

1-B(vii) Taslim Ajim shaikh Age: 25 Years, Occu: Housewife, R/o. as above

1-C. Shaikh Mustafa Turabuddin Age 40 yrs., Occu. driver (2)

R/o as above.

1-D. Shaikh Abdul Turabuddin Age 38 yrs., Occu. and R/o as above.

1-E. Shamim Khurshad Age 50 yrs., Occu. Household, R/o Hatola Tq. and Dist. Osmanabad.

1-F. Khatija Anis Age 42 yrs., Occu. Agri., R/o Gadi Tq. Georai Dist. Beed.

1-G. Jahurabee Khalil Age 35 yrs., Occu. Household, R/o Hatola Tq. and Dist. Osmanabad. ..Appellants VERSUS

1) Shriraj Ahmed Ali s/o Safadar Ali, Age : 45 years, Occu. Agriculture, R/o. Beed (Deshmukh Galli, Farshi), Tq. & District Beed.

2) Amanat Ali Sujat Ali died L.R'S (2.i) Faim Amanat Ali Deshmukh

2.ii) Hamid Amanat Ali Deshmukh

2.iii) Sujat Amanat Ali Deshmukh

2.iv) Mohammad Amanat Ali Deshmukh

2.v) Farad Bee Siraj Deshmukh All adults, Occ. Business & H.H r/o Old Bazar, Deshmukh Galli, Beed District Beed. ..Respondents ...

Mrs. Sushma T. Jadhav h/f Mr. D.N. Suryawanshi, Advocate for Appellants.

Mr. M.M. Patil (Beedkar), Advocate for Respondent Nos.1 & 2 (iii) to (v).

...

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CORAM : S.G. CHAPALGAONKAR, J.

RESERVED ON : MARCH 19, 2025 PRONOUNCED ON : MAY 09, 2025 JUDGMENT :

1. The appellant/original plaintiff impugns judgment and decree dated 11.01.1995 passed by District Judge, Beed in Regular Civil Appeal No.111 of 1993, thereby upholding judgment and decree dated 15.04.1993 passed by Joint Civil Judge, Junior Division, Beed in Regular Civil Suit No.462 of 1988, thereby dismissing suit of plaintiff/appellant seeking decree of perpetual injunction against respondents/defendants.

2. The plaintiff instituted Regular Civil Suit No.462 of 1988 contending that she inherited suit property from her mother. She has constructed farmhouse and residing along with her children. She managed agricultural operation by hiring labour. Defendant no.1 is influential person and local MLA. He manged to get mutation in cultivation column of suit land behind her back. In the year 1987, she came to know about illegal mutation; hence, issued notice to defendant no.1 to which he failed to reply. On 17.10.1988, defendants obstructed her possession on the basis of illegal entry in mutation record. Therefore, suit is filed seeking decree of perpetual injunction.

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3. The defendants refuted plaintiff’s claim contending that Hasmatbee, who is mother of plaintiff was the original owner. She agreed to sell suit property to defendant no.1 vide agreement to sell dated 10.06.1960. On 19.04.1967, she executed sale deed in favour of Dilawar Baig for or on behalf of Safadar Ali. Dilawar Baig is nephew of Safadar Ali. Hence, Safadar Ali brought him to Beed along with his parents for taking care of land. According to defendants, Safadar Ali purchased the said land in the name of Dilawar Baig as benami purchaser. Accordingly, his name was recorded in mutation. After death of Dilawar Baig, his legal heirs has instituted Regular Civil Suit No.25 of 1971 against defendant no.1 for declaration of title. The said suit was dismissed. Similarly, one Husratbee and others had also raised claim over suit property in Regular Civil Suit N