SHRIKRISHNA SHESHRAO DANE Vs. VASANT RAMRAO TAYADE

JUDGEMENT

(1.) The Mamlatdar, in exercise of its power under Sec. 5(2) of the Mamlatdar Courts Act, 1906, passed an order on 31.05.1996, restraining the plaintiffs from obstructing the cart way used by the defendants from the boundary of Gat No. 12 and 13 belonging to the plaintiffs. The plaintiffs aggrieved by it, filed Regular Civil Suit No.213 of 1996 for declaration that the order passed by the Mamlatdar on 31.05.1996 is not legal, proper and binding upon the plaintiffs. The plaintiffs further claimed a decree for permanent injunction restraining the defendants from using a way from Gat Nos. 12 and 13. The trial Court by judgment and order dated 28.11.2000, dismissed the suit filed by the plaintiffs. The appellate Court by judgment and order dated 24.02.2004 allowed the appeal filed by the plaintiffs. Hence, the defendants are in this second appeal as appellants.

(2.) On 06.07.2004, this Court admitted the second appeal and passed an order as under, framing the substantial questions of law.

(3.) The plaintiffs are the owners of Gat No. 12 and 13, whereas the defendant is the owner of Gat No. 10 and 11, which are adjacent to the southern boundary of Gat Nos. 12 and 1 To the southern boundary of Gat Nos. 10 and 11, there is Gat No.9 and adjacent to it on the southern boundary is the gairan road flowing from East to West. On the northern side of Gat Nos. 12 and 13, Shegaon Patudra road touches the boundary. It is from that road, right of way from North to South was claimed by the defendants to Gat Nos. 10 and 11, through the dhura of Gat Nos. 12 and 1