BIPIN MADHUSUDAN MORJARIA Vs. JAYESH VINAYAK CHOUDHARY

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The challenge in this Appeal is to an order dated 22 nd November, 2022, whereby the Notice of Motion taken out by the appellants/plaintiffs to restrain the defendants from interference and/or obstructing the plaintiffs from the use and occupation of 22 feet wide right of way, came to be dismissed.

(3.) Plaintiffs property is situated at Survey No. 65 (part) forming part of larger property bearing the CTS No. 1691 of village Erangal, Tal. Borivali. The plaintiffs claim to have the right of way through the defendants adjoining land admeasuring 986 sq. mtr., bearing CTS NO. 1693 of village Erangal, Tal. Borivali.