NAMDEO Vs. CHUDABAI

JUDGEMENT

(1.) The appellants/defendants have impugned the judgment and decree of the learned IIIrd Additional District Judge, Nanded, passed in Regular Civil Appeal No.188 of 1991 dtd. 10/8/1993.

(2.) The parties will be referred to as their original status. The appellants will be referred to as the 'defendants', and respondents will be referred to as the 'plaintiffs'.

(3.) The brief facts were that the plaintiff's husband and father and defendant No. 1 were the real brothers. They had partitioned their properties with a third brother. The plaintiffs have received the extreme northern share, and the defendants have the southern portion of their ancestral property in partition. They did not deny the partition and three-foot lane between their houses. The plaintiffs had a case that they were enjoying their respective shares after the partition. However, towards the west of their houses, there is a way measuring 8 ft x 15 ft to reach the municipal road and then to the main road. It will be referred to as a disputed way. However, in December 1998, the defendants started constructing their house.