UTTAMRAO TULSHIRAMJI MADGHE Vs. SHRAWAN NATTHUJI BAGUL

JUDGEMENT

(1.) Heard the submissions advanced by the learned Counsel for the respective parties.

(2.) This appeal is directed against the judgment and order dt.6.9.2006 passed by the learned Additional District Judge, Achalpur in Regular Civil Appeal No.4 of 2002 preferred by the original defendant in the suit. The appeal was allowed. The appeal arose from the judgment and order dt.10.12.2001 passed in Regular Civil Suit No.103 of 1998 by the Joint Civil Judge (Jr.Dn.), Achalpur. The suit for declaration and injunction was decreed by the trial Court with costs. The trial Court had declared the suit way shown by alphabets 'ABCD' in the plaint map as easementary way of plaintiff to approach his field and ordered that the defendant had no right to obstruct the easementary way and directed the defendant to remove all the obstructions created by him in the suit way and restrained the defendant from causing obstruction in the user of the suit way by the plaintiff. It was also ordered that the plaint map (Exh.86) in the evidence shall form part of the decree.

(3.) Briefly stated the facts appear from the record as under :