DASHARATH BHAGUJI JADHAV Vs. KISAN BHAGUJI JADHAV

JUDGEMENT

(1.) In the above Petition, Rule came to be issued on 29th October, 2013 and the above Petition was directed to be placed on 18th November, 2013 for hearing as to interim reliefs. The above Petition had come up for hearing as to interim reliefs on 29th November, 2013 when it was adjourned to 10th December, 2013 at the request of the learned Counsel appearing for the parties. However, on 12th December, 2013, the learned Counsel agreed that instead of the parties being heard on interim reliefs, the Petition itself be heard finally. That is how by the consent of the learned Counsel appearing for the parties the Petition is taken up for final hearing.

(2.) The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 30th April, 2013 passed by the learned District Judge - I, Pune, by which order the Miscellaneous Civil Appeal being No. 85 of 2013 filed by the Petitioners i.e. the original Plaintiffs came to be dismissed and resultantly the order dated 5th February, 2013 passed by the Joint Civil Judge, Junior Division, Pune rejecting the Application Exhibit 5 came to be confirmed.

(3.) The controversy in the above Petition lays in a narrow compass viz. Whether the Plaintiffs can claim a right of way through the property of the Defendant No. 1.