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2017 (1) TMI 1791 - BOMBAY HIGH COURT (AURANGABAD BENCH)Possession over suit property - Decree of permanent injunction restraining defendants from interfering with plaintiffs' possession over suit property - whether the plaintiffs prove that they are the owners in possession of the suit property? - whether the defendants obstructed to their possession and about the entitlement of plaintiffs to injunction? - HELD THAT:- The trial court which had firsthand experience of judging the evidence by the witnesses and the contemporaneous revenue and other record while sale deeds were effected which favoured plaintiffs, as has been made available by the parties before the court, has adjudged that the plaintiffs have a stronger case than the one pleaded by the defendants and has granted the decree in their favour. The appellate court, also on appreciation of evidence, as aforesaid, has reached to a conclusion that the plaintiffs have a better case than the defendants and, as such, confirmed the decree, finding that the evidence would show plaintiffs to be better placed seeking preventive relief especially gauging the same by that the sale deeds had not been questioned till date. Appeal dismissed.
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