SHANTABAI BHAGWAN PATIL Vs. BHAGWAN REVANAND PATIL

JUDGEMENT

(1.) The present let-ters patent appeal is arising out of Writ Peti-tion No. 2383/2009 of the petitioners/who are the present appellants and is directed against the order of learned Single Judge of this Court dated 6.7.2009. The parties are neighbouring land holders of village Nishane (Bk). It is undisputed that petitioners are the owners of gat No. 307/1 and 307/2, which is recently purchased by the petitioner No. 3 and the gat No. 310 is owned by the respond-ents No. 1 and 2. The dispute is regarding right of way namely bullock cart wahiwat of petitioners along gat No. 310 belonging to respondents No. 1 and 2. Therefore, the pe-titioners made application to the Tahsildar Dharangaon for declaration and injunction against the respondents 1 and 2 on or about 4.6.2007. The learned Tahsildar by an order dated 19.10.2007 held inquiry and declared petitioners' right of way and bullock cart wahiwat along bandh of gat No. 310 and in-junction was ordered against the owners of gat No. 309 and 310 to said Wahiwat. The said order was challenged by the respond-ents No. 1 and 2, firstly in the Civil Court by filing Regular Civil Suit No. 63/2007 as plain-tiffs in the Court of Civil Judge Junior Divi-sion, Erandol against the petitioners as de-fendants and also filed an appeal before the Sub-Divisional Officer, Jalgaon.

(2.) The respondents 1 and 2 who are plain-tiffs in regular civil suit are seeking declara-tion that the petitioners' have no right of way or wahiwat as alleged and the order passed by the learned Tahsildar Dharangaon be de-clared as erroneous and illegal and also prayed for injunction. However, no tempo-rary injunction was granted in a pending suit of respondents No. 1 and 2.

(3.) The dispute was also heard at length by the learned Sub-Divisional Officer in an Appeal No. Wahiwat/6/2007 and an elabo-rate order came to be passed on 18.2.2009 touching the pending civil suit bearing R.C.S. No. 63/2007 on the same issue and chal-lenge to impugned order of Tahsildar dated 19.10.2007. As such, the learned Sub-Divi-sional Officer partly allowed the appeal/re-vision and remanded the matter to learned Tahsildar Dharngaon for fresh inquiry and decision within two months in accordance with law. Therefore, the petitioners filed writ petition and impugned the order of remand dated 18.2.2009 of learned Sub-Divisional Officer, Jalgaon in Wahiwat appeal No. 6/ 2007 and learned single Judge having re-fused to entertain the writ petition against the remand order passed by Sub- Divisional Officer, hence this letters patent appeal.