Sou.Kamal Namdeo Taru v. Krishnaji Ramaji Gujar (Deceased) Thru Lrs.

1 19.166.18 sa.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 166 OF 2018 WITH CIVIL APPLICATION NO. 1659 OF 2018 IN SECOND APPEAL NO. 166 OF 2018 Sou. Kamal Namdeo Taru .....Appellant V/s.

Krishnaji Ramaji Gujar (Deceased .....Respondents through LR's) and others Mr. Kuldeep U. Nikam for the appellant CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 6, 2020.

P.C.

Heard.

Regular Civil Suit No. 206 of 2011 came to be initiated by the appellant-plaintiff for perpetual injunction claiming to be in possession of suit property. Possession sought to be justifed based

2 19.166.18 sa.doc on mutation entry which was subsequently set aside. In the aforesaid background, the submissions is, respondent no. 1 to the Appeal since has failed to establish his lawful possession, the Court below has committed an error in recording a fnding that appellant's possession was not duly established. If the aforesaid submission of the appellant is appreciated, it is required to be noted that the appellant was original-plaintiff and the suit in question is based on alleged established possession of the appellant-plaintiff.

The fact remains that mutation entry which was earlier recorded in favour of appellant-plaintiff was already set aside by the revenue authorities.

In absence of any title document or any resolution passed by respondent no. 2-Cooperative Society, both the Courts below were right in rejecting the claim of the appellant. No case for interference

3 19.166.18 sa.doc is made out.

Second Appeal stands rejected.

As a consequence, pending Civil Application also stands disposed of.

[NITIN W. SAMBRE, J.]