1

pps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.822 OF 2009

Manohar Ramchandra Chaugule

since deceased through Legal heirs

Hirabai Manohar Chaugule & Ors. ..Appellants

versus

The Central Railway ..Respondent

Mr.Pradeep Kadam for the appellants

Mr.A.N.Samant for the respondents

CORAM : R.Y.GANOO, J.

DATE : 18^th JUNE, 2009.

P.C:

1. The appellants claim to be the owners in respect

of CTS No1/41 admeasuring 2385 sq. yards situated

at Mumbai and according to the appellants on a

particular date they found that the respondents,

namely the Railway Authorities have encroached on

the land owned by the appellants, more

particularly set out in the plaint Exhibit A to

2

the suit. The appellants felt aggrieved by the

action on the part of the respondents and

therefore instituted S.C.Suit No.2616 of 2001 in

the City Civil Court at Bombay. Along with the

plaint a rough sketch was drawn and the encroached

portion by the railway was indicated by paint Nos.

A, B. C and D. According to the appellants the

Railway committed encroachment in regard to the

encroached the portion as A, B, C a