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2023 Supreme(Online)(Bom) 8666

BENCH AT AURANGABAD
ARUN R. PEDNEKER, J
Sampat S/O Shankar Patare – Appellant
Versus
Sachin s/o Genuji More – Respondent


Advocates:
For the Appellants/Petitioners: Mr. N. S. Shah h/f Mr. S. V. Natu
For the Respondents: Mr. M. K. Bhosale

Table of Content
1. ownership and encroachment details. (Para 1 , 2 , 3)
2. defendants' argument on possession. (Para 4 , 5 , 6)

ORDER :

1.By the present second appeal the appellants are challenging the Judgment passed on 10/04/2023, by the learned District Judge - 3, Ahmednagar in Regular Civil Appeal No.117 of 2020, confirming the Judgment and decree dated 29/03/2018, passed by the learned Joint Civil Judge, Junior Division, Rahuri in Regular Civil Suit No.802 of 2013, declaring the plaintiff to be the owner of the suit property and directing the defendants to deliver the possession of the suit property to the plaintiff within three months from the date of the decree, and that the defendants are restrained perpetually from interfering with the plaintiff’s possession over suit property and for mesne profits.

2. Brief facts leading to the filing of the second appeal can be summarized as under :-

The plaintiff filed suit for restoration of possession and perpetual injunction as regards the open plot property having dimension of 180.6 square meter, situated at village Vambori. It is contended by the plaintiff that the suit property is a open premises owned by the plaintiff. On 05/05/2012 t

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