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1978 Supreme(Bom) 74

R.M.KANTAWALA
Shivlingamva Irappa Birajdar and others – Appellant
Versus
Yeshwantrao Hanumantrao Vorpetti and others – Respondent


JUDGMENT - R.M. KANTAWALA, J.:---Defendants Nos. 1 to 7 have filed this appeal against the concurrent decree passed by both the courts declaring that the plaintiffs have a right of casement to enjoy water of a well situate in Survey No. 145/2 at Salgar and are entitled to take water to their land Survey No. 146 situate at Salgar by the specified channel. Both the courts have also granted an injunction restraining defendants Nos. 1 to 7 from interfering with plaintiffs enjoyment of the right to use the water of the well and to take it by the channel.

2. Plaintiffs together are the owners of Survey No. 146. This survey number is divided into separate Pot hissas and as indicated in the sketch annexed to the plaint, those separate Pot hissas belong to the different plaintiffs. Similarly defendants are the owners of Survey No. 145 in which there is a well. This survey number is also divided into separate Pot hissas. On share of Pot hissas belongs to defendants Nos. 1 to 7 and the two other portions belong to defendants Nos. 8 and 9 respectively. Plaintiffs filed a suit for an injunction restraining the defendants from interfering with the right of the plaintiffs to take and enjoy water o














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