BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
HANUMANTA TIMMA PUJARI (SINCE DECD. BY HIS LEGAL HEIRS) SMT. HIRABAI HANMANTA PUJARI AND ORS – Appellant
Versus
NARHARI BALKU KAVADE (SINCE DECD. THRO. HIS LEGAL HEIRS) SHANKAR NARHARI KAWADE – Respondent
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (St.) NO. 20911 OF 2007
Hanmanta Timma Pujari since deceased by his
legal heirs Smt.Hirabai Hanmanta Pujari & Ors. ............ Appellants
V/s
Narhari Bnalku Kavade since deceased by his legal
heirs Shankar Narhari Kavade & Ors. ......
...... ...... Respondents.
Mr.A.P.Vanarse, Adv. For the appellants.
Mr.Mandar Limaye, Adv. For respondent Nos.3, 5, 7 and 9.
Mr.A.B.Tajane, Adv. For respondent No.7-d.
CORAM: R.V. MORE, J.
25th NOVEMBER, 2008.
PC:
Heard learned advocates for respective parties.
The appellants are the original defendants and respondents are
the original plaintiffs in Regular Civil Suit No.458/07. Suit was filed
for possession of the suit land after removal of appellant' s
encroachment over the suit property. Both the Courts below
concurrently upheld ownership and title of the respondents-plaintiffs.
It was also held that the appellants are in unauthorized possession of
the suit property. These findings are recorded after appreciating the
evidence on record. Appreciation of evidence cannot be said to be
perverse. No question of law, much less substant
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