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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.12521 OF 2019

1.

Sakhahari S/o. Dagdu Ghule,

Age : 70 years, Occu. Agri.,

2.

Ramdas S/o. Pandurang Ghule,

Age : 51 years, Occu. Agri.,

3.

Adesh S/o. Prabhakar Ghule,

Age : 22 years, Occu. Agri.,

4.

Prabhakar S/o Vithoba Ghule,

Age : 56 years, Occu. Agri.,

All R/o. Bajarsawangi, Tq. Khultabad,

District Aurangabad.

5.

Ambadas S/o Abaji Mankape Patil,

Age : 78 years, Occu. Agri. & Business,

R/o. Plot No.31, Shivjyoti Colony,

N-6, Cidco, Aurangabad

Chairman Adarsh Nagari Co-op.

Society Ltd., Aurangabad.

..Petitioners..

VERSUS

President, Swarajya Shikshan Sanstha

Aurangabad, Through it’s Principal

Dr. Sanjay Tukaram Gaikwad,

Age : 68 years, Occu. Retired Principal,

R/o. Plot No.20, Nandanvan Colony,

Aurangabad.

...Respondent..

...

WITH

WRIT PETITION NO.12545 OF 2019

Ambadas S/o. Abaji Mankape Patil,

Age : 78 years, Occu. Agri. & Business,

aaa/-

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R/o. Plot No.31, Shivjyoti Colony,

N-6, Cidco, Aurangabad

Chairman Adarsh Nagari Co-op.

Society Ltd., Aurangabad.

… Petitioners..

VERSUS

President, Swarajya Shikshan Sanstha

Aurangabad Through it’s Principal

Dr. Sanjay Tukaram Gaikwad,

Age : 68 years, Occu. Retired Principal,

R/o. Plot No.20, Nandanvan Colony,

Aurangabad.

..Respondent..

...

Advocate for Petitioners : Mr. Garud V. B.

Advocate for Respondent : Dr. S D Tawshikar

(In both writ petitions)

…

CORAM : V.K. JADHAV, J.

Dated : January 25, 2021

…

PER COURT :-

1.

Heard fnally with the consent of the parties, at

admission stage.

2.

The respondent/original plaintiff (hereinafter

called as ‘Sanstha’) has instituted a civil suit bearing

Regular Civil Suit No.29 of 2018 in the Court of Civil

Judge J.D. Khultabad against the petitioners herein for

a decree of perpetual injunction in respect of the suit

land bearing gat no.767 admeasuring 4 Hector 60R to

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the extent of 65R land situated at village Bajar Sawangi,

Tq. Khultabad, District Aurangabad. The respondent

Sanshta/original plaintiff has purchased the suit land

from petitioner no.1 Sakhahari Dagadu Ghule (original

defendant no.1) through a registered sale deed dated

16.1.2009. Initially, the respondent/original plaintiff has

purchased 0Hector 70R land from the petitioner no.1

Sakhahari Ghule out of the land gat no.767 alongwith

third share in the water of the well. However, it was

revealed that mistakenly land was mentioned as 70R

instead of 65R. Accordingly, correction deed was

executed on 26.8.2009 and four boundaries of the land

admeasuring 65 R of land are the same as mentioned in

the original sale-deed. It is clarifed in the correction-

deed that other details of the original sale-deed are true

and correct and no change is made with respect to those

particulars. Thereafter, mutation entries with respect to

the sale-deed dated 16.1.2009 as well as correction deed

dated 26.8.2009 are duly recorded in the 7/12 extract of

the land gat no.767. The respondent was enjoying the

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suit property peacefully since the date of purchase

without any obstruction or interference.

3.

It is the case of the respondent/original plaintiff

that with oblique intention defendant no.1 Sakhahari in

collusion with defendant nos.2 to 4 prepared a false and

fabricated document of Vatanipatra on a stamp of

Rs.100/- and thereby partitioned 13R land amongst

defendant nos.2 Ramdas and 4 Prabhakar. It reveals

from the said Vatnipatra that defendant no.1 Sakhahari

Ghule has given 6½ R land each to defendant Ramdas

and defendant Prabhakar and as such 0H 13 R land

pretended to have been allotted to them by way of said

‘Vatanipatra’. It is