PANDIT VITHAL GUDEKAR Vs. RAMNATH MAHADU GAIKWAD

JUDGEMENT

(1.) THE present second appeal is filed by the original plaintiff, whose suit for perpetual injunction has been dismissed by the appeal Court.

(2.) THE plaintiffs are the owners of agricultural lands bearing Gat No.409 and defendants are the owners of the land bearing Gat No.408 which is situated to the North of the plaintiffs' land. The plaintiffs are claiming right to way over the land of Gat No.408. It is plaintiffs' case that the said land was purchased by the defendants in 1975 and the plaintiffs were obstructed from using the way situated in Gat No.408.

(3.) THE trial Court by its judgment and decree dated 30.8.1984 decreed the suit by holding that the plaintiffs have proved their right to use the cart road over the bandh of Gat Nos.408 and 409 for taking carts, cattles etc. Consequently, injunction was granted in plaintiffs' favour.