Advocates:
['PATIL SHRIKANT Y', 'SHRI C R DESHPANDE', 'V P RAJE', '', 'FOR R/SOLE', 'CVTR']

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sa46-16

drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO.46 OF 2016

Sheshrao s/o Pandhari Ghule

APPELLANT

Age - 80 years, Occ - Agriculture

R/o Ganjur, Taluka - Latur

District - Latur

VERSUS

Yadav s/o Jyotiba Bhosale

RESPONDENT

Age - 68 years, Occ - Agriculture

R/o Ganjur, Taluka - Latur

District - Latur

.......

Mr. V. D. Salunke h/f Mr. S. Y. Patil, Advocate for the appellant

Mr. C. R. Deshpande, Advocate for the respondent

.......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 5

^th OCTOBER, 2016

ORAL JUDGMENT :

1.

Defendant comes up before this court challenging two

concurrent decisions rendered hitherto, one by extra joint civil

judge, senior division, Latur in special civil suit No. 158 of 2006

dated 30^th November, 2011 and the other by District Judge-4,

Latur in Regular Civil Appeal No. 400 of 2012 dated 19^th

September, 2015.

2.

Parties hereto would be referred to by their original status

in the suit, such as, respondent as “plaintiff” and appellant as

“defendant”.

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sa46-16

3.

There is no dispute about the fact that the defendant had

owned and possessed agricultural la