MANIKRAO NARAYANRAO BHOGE Vs. MAHESHKUMAR BANSILAL VYAS

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 12.9.1994 in Regular Civil Appeal No.398/1987 by which the first appellate Court reversed the judgment and decree dated 28.7.1987 passed by the 4th Joint Civil Judge, Junior Division, Amravati in Regular Civil Suit No.439/1982, the present appeal was filed by the appellants.

(2.) Appellants the original plaintiffs brought suit bearing Regular Civil Suit No.439/1982 for declaration for right or way and for perpetual and mandatory injunction in relation to the way shown by letters A1 to A7 for approaching to their respective fields. They filed a map along with plaint. There is a main road going from Amravati to Walgaon. There is also a Government link road shown by letters A1, A2, B1, B2 and B3 which runs from Changapur Phata to village Changapur. This link road joins AmravatiWalgaon road A1 and passes through field Survey Nos.35 and 34. All the appellants/plaintiffs reach to their respective fields by the said link road from A1 to A2 and they turn to South and go along the road shown by letters A3 to A6 through field Survey Nos.25, 34, 30, 29, 28 and then 26. After crossing Nallah they reach to point A7. The suit way is of 10 ft. width and was being used for more than 50 years.

(3.) The appellants/plaintiffs have an easement of necessity as well as respective easement for user for the said way. But the defendants-respondents herein obstructed the said way by digging ditches or creating obstacle at point A3 and A4 shown by red colour in the map and that is why the suit came to be filed. The respondents-defendants refused the claim of the plaintiffs and denied all material allegations. Needless to say they denied the existence of way of 10 ft. width under any right much less customary right, easementary right or by way of necessity.