SHIVAJI M SHINDE Vs. PARASHRAM B SHINDE

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order passed by the Addl. District Judge, sangli, dated 27-10-2004 allowing the appeal of the defendant and setting aside the decree passed by the Trial Court in R. C. S. No. 31 of 1997, by which the suit came to be decreed and defendant was perpetually restrained from obstructing, interfering, ingress and egress in the suit property from other property.

(2.) I have heard the learned counsel for both parties. Perused the record.

(3.) The plaintiff filed the suit for perpetual injunction against the defendant who hold adjacent property and that the plaintiff had right of ingress and egress to the extent of 4. 5 ft. in width through C. T. S. No. 116 belonging to the defendant. According to the plaintiff, it was easementary right since their ancestors. C. T. S. No. 115 is owned by the plaintiff. It was alleged that, towards south side of the said property, there is a cattle shed. To the eastern side there is a protection wall and "dindi darwaja" and the said door is not being used for ingress and egress for the animals or the persons carrying water containers. The said road is not being used since his ancestors which is on the southern side for the ingress and egress for the cattle. It is the case of the plaintiff that plaintiff and his ancestors were using the way as shown in the hand sketch on the southern side of the. Both the houses of the plaintiff and defendant are facing towards eastern side. There is open land beyond the same. The plaintiff came with the case that defendant obstructed his right of way to have the cattle through the suit way and hence the suit.