SK IBRAHIM Vs. SK MEHMOOD

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE appellants are the original defendants who have impugned the judgment and decree dated 14-7-1994 passed by the District Judge, Akola in Regular Appeal No. 168 of 1991 between Sk. Ibrahim and others v. Sk. Mohammad, remanding the matter to the trial Court for fresh trial, arising out of the judgment and decree dated 29-4-1991 passed by the 2nd Joint Civil Judge, Senior Division, Akola, between the parties.

(3.) THE respondent i. e. the original plaintiff was required to file suit for declaration and mandatory injunction as he was obstructed by the defendants by erecting thorny partition on 4-7-1988 because of which the plaintiff was not able to have access to his land and cultivate the same and, therefore, the plaintiff sought a declaration by way of customary right to use the said way to approach field S. No. 49/2-B, admeasuring 22 gunthas and survey No. 50 admeasuring 3 acres 23 gunthas of village Barshitakali.