JAYANT NAMDEORAO GOHAD Vs. PRAKASH MANIKRAO VIGHE

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 12/10/2010 passed by the Tahsildar/Mamlatdar, Morshi in exercise of the power under Section 5 of the Mamlatdars Courts Act, 1906, by which order the right of way through the field of the petitioner has been granted to the respondent no.1. The second order under challenge is the order dated 6/9/2008 by which the Sub Divisional Officer, Morshi has dismissed the revision filed by the petitioner under Section 23 of the said Act.

(3.) The dispute in the above petition is as regards the claim of the respondent no.1 of right of way to his field being Survey Nos.242/2 and 242/2A, situated at mauza Pala through the field of the petitioner being survey No.240/3.