JUDGMENT - Dabholkar N.V., J.:—Original defendant Nos. 1 to 4, the Union of India and authorities from Ministry of Defence, by this revision petition challenge the judgment and order dated 18-7-2001 in Miscellaneous Civil Appeal No. 61/1998 passed by 2nd Additional District Judge, Ahmednagar, thereby confirming order dated 24-4-1998 passed by 2nd Joint Civil Judge (J.D.), Ahmednagar, in Regular Civil Suit No. 320/1997.

2. Present respondent Nos. 1 to 7 are original plaintiffs. Respondent, Nos. 8 to 10, three Grampanchayats are original defendant Nos. 6 to 8. Respondent No. 11- Collector, who was defendant No. 5 in the suit represents the State. [Henceforth parties shall be referred to as plaintiffs (respondent Nos. 1 to 7) defence authorities (revision petitioners), Grampanchyats (respondent Nos. 8 to 10 ) and the Collector, for the sake of brevity]

Plaintiffs approached the Court of Civil Judge, Senior Division, Ahmednagar, by Regular Civil Suit No. 320/1997 for declaration and perpetual injunction. A declaration is sought that undertaking given by Gram panchayat Nagardeole (defendant No. 6- respondent No. 8 ) through its Sarpanch undertaking to surrender the use of roads X1, Y1 an

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