KESHAV VITHOBA KHATDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petitioners had filed civil suit praying for decree for injunction restraining the present respondent nos. 3 to 13 from using the way over Dhura of Survey No. 28 which belongs to the present petitioners. The litigation had come to this Court in S.A. No. 426/1999 which was decided by the judgment dtd. 03/03/2014, operative part being as follows:-

(3.) As per the liberty granted by this Court, the respondents approached the Tahsildar under Sec. 143 of the Maharashtra Land Revenue Code, praying that the approach way be carved out to enable them to reach their agricultural lands. By the order dtd. 30/06/2015, the Tahsildar granted access way to the respondent nos. 3 to 13 over Dhura of Survey No. 28/2 and Survey No. 29. This order passed by the Tahsildar is challenged by the petitioners before the Civil Court. In the civil suit, the petitioners filed application (Exh. 5) praying for temporary injunction restraining the present respondent nos. 3 to 13 (defendants in the civil suit) from using the approach way as granted by the Tahsildar. The trial Court rejected the application (Exh. 5) by the order dtd. 07/02/2017. The petitioners approached the District Court by filing appeal which is dismissed by the impugned judgment.