(1.) The learned Principal District Judge, Amravati, while reversing the judgment and decree dtd. 4/3/2010 passed by the learned Extra-Joint Civil Judge Senior Division, Amravati in Regular Civil Suit No. 268 of 1997, allowed the suit for declaration and perpetual injunction, vide judgment and decree dtd. 14/9/2015 passed in Regular Civil Appeal No. 60 of 2010.
(2.) The brief facts of the present case are as follows:
(3.) It is further the case of the plaintiffs that when the field was purchased by them, the approach road to the field bearing Gat Nos. 71, 72 and onwards is shown from the southern side of the field of the plaintiffs i.e. Gat No. 39. This approach road was in use of the villagers, when land Gat No. 39 purchased by the plaintiffs. The villagers used to use said road from Rajora-Waghala till Gat No. 39 and thereafter, from the southern boundary of Gat No. 39. This way was continued to be in use even after plaintiffs purchased the said land.