MANISHA MAHENDRA GALA Vs. SHALINI BHAGWAN AVATRAMANI

JUDGEMENT

(1.) The dispute in the above two appeals is in connection with easementary rights over 20ft. wide road situated over land Survey No.57 Hissa No.13A/1 which is presently owned by the respondents herein (hereinafter the 'Ramani's').

(2.) In Suit No.14 of 1994 instituted by Joki Woler Ruzer, the descendants of the subsequent purchaser Mahendra Gala were added as plaintiff Nos.2-4 (hereinafter the 'Gala's'). The suit was for declaration of their easementary rights over the 20ft. wide road situate in the property of the Ramani's and for permanent injunction in respect thereof. The suit was decreed by the court of first instance vide judgment and order dtd. 6/2/2003. However, the aforesaid judgment and decree was set aside in appeal by the Ad-hoc District Judge-2, Raigad, vide judgment and order dtd. 12/3/2009 and the suit was dismissed. The High Court vide impugned judgment and order dtd. 1/10/2009 upheld the aforesaid judgment and order of the appellate court in Second Appeal No.305 of 2009.

(3.) Apart from the above suit, Suit No.7 of 1996 came to be filed by the Ramani's for declaring that the Gala's or their predecessor-in-interest have no right, title and interest in the property and they do not have any right of way through the above land. The aforesaid suit was dismissed vide judgment and order dtd. 6/2/2003 by the court of first instance i.e. Civil Judge, Junior Division, Murud. On the appeal being preferred, the judgment and order passed by the court of first instance was set aside and the suit was decreed holding that the Gala's have no right of way either by easement of prescription or of necessity on the suit land/road. The Gala's were restrained from disturbing the possession of Ramani's over the suit land and from doing any overt act over it.