Advocates:
['S V CHILLARGE', 'C R DESHPANDE', '', 'V C SOLSHE', 'R/ DELETED']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

SECOND APPEAL NO. 151 OF 1993

1.

Shivraj Maharudrappa Wadje,

Age 47 yrs., Occu. Business,

2.

Umakant Shivraj Wadje,

Age 28 yrs., Occu. Business,

Both residents of Udgir,

Dist. Latur

....Appellants.

Versus

1.

Ramchandra Venkatrao Kapse

(Deleted vide Court's order

dated 4.12.1996)

2.

Mulshankar Ramchandra Kapse,

Age 50 yrs., Occu. Agriculture &

Service, R/o. Nalgir, Tal. Udgir,

Dist. Latur.

....Respondents.

Shri. Chaitanya Dharurkar Advocate holding for Shri. S.V. Chillarge,

Advocate for the appellants.

Shri. V.C. Solshe, Advocate for the respondent No. 2.

CORAM :

R.M. BORDE, J.

DATE :

3rd March, 2010

ORAL JUDGMENT :

1.

This is an appeal presented by the original plaintiff raising

exception to the concurrent judgments recorded by the Courts below.

2.

The appellant (hereinafter referred to as 'plaintiff') instituted

Regular Civil Suit No. 278/1982, claiming decree of perpetual injunction

against the defendants, who are related to each other as father and son,

2

respectively. Plaintiff No. 2 is son of plaintiff No. 1. So also, defendant No.

2 is son of defendan