SARDAR SHANKAR PATIL (DEAD) Vs. DASHRATH LALA PATIL

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned AGP and the learned advocate for the respondent Nos. 1 and 2 waive service. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) By way of this Writ Petition invoking the powers of this Court under Articles 226 and 227 of the Constitution of India, the petitioners who are the original defendants from the proceeding initiated by the respondent Nos.1 and 2 herein under the provisions of Section 5 of the Mamlatdars' Courts Act, 1906 (herein after the Act) are impugning the judgment and order passed by the Tahsildar, Bhadgaon in Wahiwat Suit No.7/2018 dated 16.05.2018 and confirmed by Sub Divisional Officer in Wahiwat Revision No.67/2019 dated 16.06.2020.

(3.) In sum and substance the averments made by the respondent Nos. 1 and 2 in their plaint are to the effect that the petitioners are the owners of Gat Nos. 157/1/B, 157/1/A and 157/2 whereas the respondent Nos. 1 and 2 are the owners of lands Gat Nos. 160/1A, 160/4 and 160/2, 160/1/B. The respondent Nos. 1 and 2 averred that there was an old cart way along the eastern side of the bandh of the petitioners' lands which was in use for going to their lands. However, the petitioners destroyed a portion of the way. Hence, by filing the suit under Section 5 of the Act they sought removal of obstruction and injunction.