KARBHARI Vs. DEVIDAS

JUDGEMENT

(1.) Both the appeals are admitted. By consent, both the matters are heard for final disposal, after making the notice returnable forthwith after admission.

(2.) The learned counsel for caveator/respondent No. 2 insisted for early hearing in view of the order made by this Court on 3.3.2014 by which stay was granted to the operation and implementation of the judgment and order of First Appellate Court and further, some relief of interim nature was given to the present appellants.

(3.) The two appeals are filed against judgment and order of Regular Civil Appeal No. 615/2012 and Regular Civil Appeal No. 614/2012, respectively. The appeals were pending in the Court of Ad-hoc District Judge-2, Ahmednagar. R.C.A. No. 615/2012 was filed against judgment and decree of Regular Civil Suit No. 176/2007 and that suit was filed by present respondents. R.C.A. No. 614/2012 was filed against the judgment and decree of Regular Civil Suit No. 179/07 and that suit was filed by the present appellants. The present appellants/plaintiffs from R.C.S. No. 179/2007 had prayed for relief of injunction in respect of right of way, for using a bandh situated on western side of lands of defendants/respondents as the way.