VISHWANATH RAMBHAJI BHALERAO Vs. USHA PRALHAD KASBE

JUDGEMENT

(1.) This writ petition challenges the judgment and order dated 9.3.2009 passed by the Sub-Divisional Officer, Sangamner in Revision Application No.77/2008. By this order, the Sub-Divisional Officer has confirmed the judgment and order dated 17.12.2008 passed by the Tahsildar, Kopargaon in Road Case No.5/2008. As a result of both these orders, the petitioners in the present writ petition are directed to remove obstructions in the way from their field Gat Nos. 40/8, 40/9 for approach to the field Gat No.40/10, owned by the respondent. It is further directed that the petitioners shall not create any obstruction or impediment in the way from Gat Nos.40/8 and 40/9.

(2.) Notice in this matter was issued on 1st July 2009, in response to it, Shri. P. B. Shirsat, the learned counsel has appeared for the respondent. The learned counsels for the parties agree that the matter can be finally disposed of at the stage of admission. Hence, Rule, returnable forthwith. The matter is heard by consent of parties.

(3.) The petitioners are the owners of the Gat Nos.40/8,40/9 of village Derde-Korhale, whereas the respondent is the owner of Gat No.40/10. The respondent filed an application on 25.4.2008, invoking the jurisdiction of the Mamlatdars' Court under Section 5 of the Mamlatdars' Courts Act, 1906, claiming the relief of direction to the petitioners, (who were joined as respondents) to remove obstructions, and clear the way through their Gat Nos. 40/8 and 40/9 to Gat No.40/10, owned by the respondent. Notice of this application was issued by the Tahsildar on 5.5.2008 and the present petitioners were asked to appear before him on 22.5.2008. Upon receipt of this notice, the petitioners filed Regular Civil Suit No. 108/2008 on 26.5.2008, which is pending in the Court of Civil Judge, Junior Division, Kopargaon. The suit is for declaration that the respondent herein, who was joined as defendant in that suit, has no right of way through Gat Nos.40/8 and 40/9.