SANTOSH RAGHU RAIKAR Vs. SITABAI RAMCHANDRA AZGAONKAR

JUDGEMENT

(1.) The discord between the parties pertain to an access road from the property of the appellants, and an attempt was made to resolve the said discord, when the appellant on instructions submitted that the appellants are not averse to providing access of 1.5 meter abutting the compound wall. The respondent, who has a decree in his favour claimed his entitlement for 2 mts, so as to enable the vehicles to pass. Accepting the stand of the appellant to be reasonable, the parties and the Advocates were directed to hold a joint meeting for working out the modalities. When the matter is listed before me after a lapse of more than 2 years, once again an attempt to reconcile is made but when the parties could not have consensus on the width of the access road to be made available, they chose to argue the Second Appeal on merits.

(2.) The Second Appeal came to be admitted on 4 substantial questions of law to the following effect:

(3.) A brief plunge in the backdrop would be necessary before deliberating on the aforesaid question of law.