LAWS(BOM)-2013-3-255

ARJUN PANDURANG GOVEKAR Vs. JAYASHREE SONU NAIK

Decided On March 20, 2013
Arjun Pandurang Govekar Appellant
V/S
Jayashree Sonu Naik Respondents

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. By consent, the petition is taken up for final hearing.

(2.) HEARD the Counsel.

(3.) PERUSAL of the record shows that there is no evidence whatsoever produced by the Petitioners establishing the access claimed by them as the customary access used over a long period of time. Further, there is a specific finding by the Civil Court in respect of the same access in the suit filed by the Petitioners being Regular Civil Suit no. 63/1998. In the suit, the Court had framed following issues relating to the access : "1. Do the plaintiffs prove that as mundkars, they have a customary easement of way to the suit property bearing survey no. 1/2 ? and 2. Do the plaintiffs prove that the defendants are likely to obstruct their customary easement -