JUDGMENT - GINWALA, A.A., J.: - This revision application has been filed against the order passed by the learned District Judge, Buldana on 11-8-1982 dismissing the appeal which the present applicants had preferred against the order passed by the trial Court on 30-4-1982 granting temporary injunction in favour of the present non-applicants, restraining the applicants from obstructing them in the user of their way to their field bearing S.No. 31/3 which belongs to the applicants, for going to field S.No. 31/1, which belong to the non-applicants. The suit has been filed by the present non-applicants against the applicants for declaration that they have a right of way to approach their field S.No. 31/1 through the field S.No. 31/3, belonging to the applicants and for a permanent injunction restraining them from obstructing this way. At the same time an application for temporary injunction pending the suit was filed which, as said above, was allowed by the trial Court.

2. Mr. V.M. Kulkarni, the learned Counsel for the applicants, challenged the impugned order of the Appellate Court on three counts. He firstly submitted that the non-applicants had already initiated proceedings under the

Click Here to Read the rest of this document