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2010 Supreme(Bom) 178

NISHITA MHATRE
Maharashtra Shetkari Seva Mandal – Appellant
Versus
Bhaurao Bayaji Garud – Respondent


Advocates Appeared:
For the Appellant:S.K. Shinde i/b Sagar Kasar, Advocates.
For the Respondent:Anilkumar Patil, Advocate.

Judgment :-

1. The applicant is aggrieved by the decision of the trial Court by which the objection raised by it regarding the maintainability of the suit and the jurisdiction of the Court was rejected. The impugned order has been passed on 16.7.2008 by the Civil Judge, Junior Division, Manmad City.

2. Regular Civil Suit No.23 of 2008 was filed by the respondent/plaintiff for a perpetual injunction and for a declaration. An application for interim relief by way of temporary injunction was also preferred by the plaintiff. The plaintiff contended that in the year 1971, he had permitted the applicant/defendant trust to use his land admeasuring 4 ares. According to the plaintiff this land was part of his ancestral land and he had permitted the trust to use the land because of the good work carried on by the trust for the farmers’ benefit. The applicant constructed a godown on this plot of land which was being used by the agriculturists for storing agricultural produce. It appears that the farmers discontinued using the godown for storing agricultural produce and on the request of the plaintiff one of the trustees returned the land to the plaintiff alongwith the godown standing thereon.





































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