LAWS(BOM)-2019-1-5

SUDHIR YASHWANT DHANGADE Vs. ANKUSH KASHIRAM BOLE

Decided On January 03, 2019
Sudhir Yashwant Dhangade Appellant
V/S
Ankush Kashiram Bole Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent, matter is taken up for final hearing.

(2.) By this petition, the petitioner has challenged the order dated 16/06/2017 and 02/01/2018 passed by the learned Tehsildar, Chiplun and learned Additional Collector, Ratnagiri respectively.

(3.) The respondent no.1 claim to be in possession of land under Gat No.79 which is situated towards western side of Gat No.68. The respondent claim that he has been using a passage passing through Gat No.68 and that the petitioner had obstructed the same by enclosing the Gat No.68 with a compound wall. The respondent no.1 therefore filed an application under Section 5 of Mamlatdars Courts Act, 1906 seeking directions against the petitioner to remove obstructions over the passage in Gat No.68 of Post Kamathe, Chiplun, Dist. Ratnagiri and to restrain him from obstructing use of the said passage.