Dismissed
Pandu Dadu Jadhav v. Maruti Mahadu Khambale
Bombay HCSA/189/2003
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THE HIGH COURT OF JUDICATURE AT BOMBAY THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET SECOND APPEAL NO.189 OF 2003
Office Notes,Office memorandum of Coram, appearances,Court’s orders or directions & Registrar’s orders.
Court’s or Judge’s orders
Shri S.G.Deshmukh for the Appellants Shri R.V.More for Respondent No.1A to 1C, 2, 4 and 6.
CORAM: A.S.OKA, J.
DATED: AUGUST 18, 2004.
P.C.:
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record has recorded a perverse finding that the Appellants have committed encroachment during the pendency of the suit. He submitted that the record of the consolidation proceedings will show that the Appellants were in possession of the alleged encroached portion even in the year 1958. 2. I have considered the submissions made by the learned Counsel for the Appellants. The defence of the Appellants was that they have perfected their title by adverse possession. The Trial Court after considering the evidence on record has recorded a finding that the Appellants have failed to establish that they have perfected their title by adverse possession. The Appellate Court has not made an elaborate discussion on the plea of adverse possession. The Appellate Court has however observed that plea of adverse possession is not available to the Appellants as the Appellants have not
admitted that the original Plaintiffs are
the owners of the suit land.
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on the issue of plea of adverse possession
raised by the Appellants.
limitation.
in this Second Appeal, same is dismissed
with no order as to costs.
Judge.
Shri S.G.Deshmukh
Shri R.V.More and Respondent No.1A to 1C, 2, 4 and 6
A.S.Oka
As recorded by the court registry
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