NANDA Vs. SANTOSH

JUDGEMENT

(1.) Heard.

(2.) The present Revision Application is filed being aggrieved by the judgment and order passed by the Additional Collector, Yavatmal, in Revision Application M.C.A. No. 5/12/2015-16 Mouza Shrirampur, Tq. Pusad, Distt. Yavatmal decided on 31/05/2016 arising out of order passed by Naib Tahsildar, Pusad in Revenue Case No. 01/MCA-5/2011-12 Mouza Shrirampur, Tq. Pusad decided on 26/11/2012.

(3.) The brief facts of the case are as under: The non-applicant Nos. 1 to 3/Original plaintiffs filed an application under Sec. 5 of the Mamlatdar Courts Act claiming therein that survey No. 6/1 is owned by non-applicant Nos. 2 and 3 and survey No. 6/2-a is now owned by non-applicant Nos. 3-a to 3-d which was originally owned by original plaintiff Jayant Dattatraya Ade. The original survey number was owned and possessed by one Shrikrushna Natu from whom portions now numbered as survey No. 6/2 and survey No. 6/2-a was purchased by one Sudhir Dattatraya Ade through his guardian Nanda Bhagaji w/o Dattatraya Ade by sale deed dtd. 09/05/1975. It is claimed that as per said sale deed, said Sudhir Dattatraya Ade had right of ingress and egress over 15 ft. wide road through remaining field of said Shrikrushna Natu, thereafter there was a partition between joint family of Ade and portion now numbered as survey No. 6/2 was purchased by sale deed dtd. 11/11/1992. The portion retained with Shrikrushna Natu was thereafter purchased by applicants for consideration of Rs.16,35,000.00 by sale deed dtd. 31/10/2001. It is claimed by non-applicants in the suit filed under Sec. 5 of the Mamlatdar Courts Act that road was being used since 1975 till 14/05/2012. On said date, it was obstructed by applicants and therefore suit as aforesaid was filed after complaint to Police Station was filed.