KAWADU Vs. BHOJRAM

JUDGEMENT

(1.) Being aggrieved by judgment and decree dated 29.11.1995 passed in Reg. C. S. No. 274/1992 by Civil Judge Jr. Dn. Sakoli and confirmed by judgment dated 31.08.2000 in Reg. C. A. No.176/1995 by Addl. District Judge, Bhandara, the present second appeal was preferred in this Court by original defendants.

(2.) The only question raised by Mr. Khapre, learned counsel for the appellants, in support of the appeal is that the courts below have omitted to qualify the decree with reference to the Wajibularz notified entries contemplated by Section 165 of the Maharashtra Land Revenue Code. According to Mr. Khapre, the courts below ought to have made right of way granted subject to the terms and conditions notified in Wajibularz by the concerned Collector of District as contemplated by Section 165 (1) (a) of the MLR Code. No other contention has been raised by Mr. Khapre, except the above.

(3.) None present for the respondents, though served. Perused the impugned judgment and order. The following substantial question of law is framed by me today, which is as under: