1 SA / 277 / 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 277 OF 2017

AND

CIVIL APPLICATION NO. 4377 OF 2017

Sharad Nana Waghmare

Age : 61 years, Occu. : Pensioner

R/o. 499, Rasta Peth,

Uma-Shankar Co-op. Hsg. Society,

Flat No. 303, 3^rd Floor, Pune

.. Appellant

Versus

Mohan Eknath Waghmare and others

.. Respondents

...

Mr. S.S. Wagh, Advocate for the appellant

Mr. V.S. Bedre, Advocate for the respondent no. 1

Respondent nos. 2A, 2B, 3 to 6 served – absent

Respondent no. 2/C served as per Court’s order dated 15-09-2017

...

CORAM

: MANGESH S. PATIL, J.

DATE

: 29 MARCH 2022

ORDER :

Heard the learned advocates of both the sides on the point

of admission of the second appeal.

2.

This is an appeal by the original defendant no. 4 who is

aggrieved and dis-satisfied by the judgments and orders of the courts

below holding the respondent no. 1, who is the original plaintiff, to be

entitled to protect his possession over the super-structure of the house

property erected on the gram panchayat property no. 188 till he