MANIKRAO MAHADEORAO NIMJE Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent.

(2.) By way of present petition, the petitioner challenges the order dated 26th November, 2007 passed by the Sub-Divisional Officer, Morshi, ( in short . SDO.) vide which the order passed by the learned Tahsildar dated 21st April, 2007 thereby allowing the application of the present petitioner has been set aside.

(3.) The present applicant had applied under section 5 of the Mamlatdar Court's Act whereby alleging that respondents 3 and 4 were restricting way to the fields of the petitioner. The Tahsildar vide order dated 21st April, 2007 allowed the application after finding that on the basis of the material on record, it was found that the way in question was being used by the petitioner and was obstructed by respondents 3 and 4. Being aggrieved thereby, an appeal was preferred before the SDO. The same is allowed by the impugned order dated 26th Nov. 2007. Hence the present petition.