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2021 Supreme(Kar) 470

M. G. S. KAMAL
SYED ABDUL BARI S/O SYED WAJID KHAMAR – Appellant
Versus
SYED IMRAN S/O SYED MAISLIUDDIN – Respondent


Advocates Appeared:
For The Appellant :SRI.D.P.AMBEKAR, ADVOCATE
For The Respondent: SRI.AMEET KUMAR DESHPANDE, ADV.

ORDER :

The present civil revision petition under Section 115 of the Code of Civil Procedure (henceforth referred as 'CPC') is filed by the petitioners/original plaintiffs No.5, 7 and 9, aggrieved by the order dated 09.11.2020 passed by the learned Principal Civil Judge and JMFC at Humnabad (for short the 'Trial Court') in O.S.No.17/2019, by which the Trial court dismissed the suit filed under Order I Rule 8 of CPC as withdrawn upon a memo filed by the respondent Nos.1 and 2/original plaintiffs No.6 and 10.

2. The brief facts leading up to filing of the present petition are that the petitioners the respondents No.4 to 10 herein who were the original plaintiffs invoking the provisions of Order I Rule 8 of CPC had filed the above suit in O.S.No.17/2009 against the respondents No.1, 2 and 3 herein who were the defendants in the said suit for relief of declaration to declare that the plaintiffs have got right of way as an easement of necessity on the suit way, which is 15 ft. wide road, passing in between the plot Nos.7 to 10 and 11 to 13 situated in land bearing Survey No.175 of Humnabad town as shown in the suit schedule 'A' property and also for permanent injunction restraining them f

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