LAWS(BOM)-2008-10-43

BAPUSAHEB SAKHARAM SALUNKE Vs. VITHAL BUWAJI PATIL

Decided On October 06, 2008
BAPUSAHEB SAKHARAM SALUNKE Appellant
V/S
VITHAL BUWAJI PATIL Respondents

JUDGEMENT

(1.) Heard Advocate for the appellants. Respondents are absent though served.

(2.) This is a second appeal filed by the original defendants Bapusaheb Sakharam Salunke and Pandurang Dattu Patil. It impugns a concurrent judgment and decree passed by the two lower courts. The trial Court decreed the plaintiffs suit and held that the plaintiffs were entitled to draw water from the suit well situated in Gat No. 2359 at Village Arag to the extent of 8 annas share. The defendants were also held entitled to draw water from the suit well for the remaining 8 annas share. The decree was confirmed by the first Appellate Court and that is why this second appeal has been filed by the original defendants.

(3.) The brief facts of the case were as follows: