PANDURANG CHANDRABHAN BAUCHE Vs. JALINDHAR SARANDHAR TUPE

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the judgment and order dated 21-10-2005 passed by the III ad hoc Additional District Judge dismissing first appeal (Regular Civil Appeal No. 377 of 2003) filed by the appellants. Respondents claimed a right of way over the bandh/boundary of the property. Sub-section (2) of section 143 of the Maharashtra Land Revenue Code empowers the Tahsildar to pass an order granting access having regard to the needs of the cultivators for the reasonable access to their fields. After considering the necessity of having a reasonable access to the respondents to their field the Tahsildar passed an order granting way over the bandh by his order dated 9-2-2000. Aggrieved appellants filed a suit, bearing Regular Civil Suit No. 187 of 2000, for setting aside the order of the Tahsildar. By an order dated 31-10-2003 the trial Court dismissed the suit. The lower appellate Court dismissed the appeal by an order dated 21-10-2005. That judgment is impugned in this appeal.

(3.) The respondents are adjoining land owners. The respondents filed an application against the appellants before the Mamlatdar (Tahsildar) under section 143 of the Maharashtra Land Revenue Code, 1966 (for short the Code).