APPALAL RASUL MAGDUM Vs. BAPU HANIF MAGDUM

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dated 29th December, 2015 passed by the learned District Judge, Sangli in Regular Civil Appeal No. 97 of 2009. By the impugned judgment, the first appellate court has allowed the aforesaid appeal filed by the respondent / plaintiff and has restrained the appellants (original defendants) or anybody acting on their behalf from interfering or disturbing possession of the respondents over the suit property (which is to the eastern side of Gat No. 300 of village Dhulgaon, taluka Tasgaon, district Sangli) and / or from creating any new way through the suit property.

(2.) The respondent (plaintiff) had filed Regular Civil Suit No. 335 of 2003 claiming that the appellants are trying to interfere with the suit property by claiming that they have a right of way through the said land to approach the northern side road, which in turn leads towards the stream (Oadha).

(3.) The appellants claimed that there is a Gavthan road running north-south from the western side of the suit property leading to the road on north