(1.) Heard.
(2.) This second appeal is of plaintiffs of RCS No. 51/2005, who succeeded in Trial Court but failed in first appeal of respondent/ defendant. The appellants'/plaintiffs' suit was for mandatory injunction directing defendant to remove the thorny compound installed on the Dhura (dyke) of land Gat No. 117 and to restrain defendant from interfering into plaintiffs' right to use Dhura for ingress and egress. The plaintiffs' claim of right of way was by way of easement by prescription. It is plaintiffs' case that the entire land bearing Survey No. 39 of Village Sakhara (Dara), Tahsil Wani, District Yavatmal was initially owned and possessed by two brothers namely Zitaji and Madhav. After their demise, the land was succeeded by their sons namely Ramaji and Dewaji who effected partition of equal share ad-measuring 18 acres. The land felling to the eastern side out of Survey No. 39 was allotted to the share of Dewaji whilst the land of western side came to the share of Ramaji. The land of Dewaji was succeeded by his one son Sitaram whilst land of Ramaji by his two sons namely Gosai and Yadav.
(3.) During consolidation scheme, the land of Sitaram was numbered as Gat Nos. 121/1 and 121/2. Likewise, the land held by the son of Gosai namely Anandrao was numbered as Gat Nos. 117 and 119. The land held by Yadao came to the share of Madhukar which was numbered as Gat Nos. 118 and 120. Anandrao sold his Gat Nos. 117 and 119 to one Jagan five years back who in turn sold Gat Nos. 117 and 119 in the year 2004 to the defendant. Likewise, Madhukar sold his land bearing Gat Nos. 118 and 120 to one Turare.