The original defendants have challenged the concurrent judgments and decrees whereby the suit of the respondents plaintiffs to restrain the appellants from entering the field Survey No.35/2 or 35/1-A, from going over the Dhura to reach their field Survey No.35/1 of village Temburkheda, came to be decreed with a declaration that the defendants have no such rights.

2. The appeal has been admitted for final hearing on 14-3-1992 by raising a question as to whether the Civil Court, in a already instituted suit, can go into the correctness of the decision of Tahasildar under Section 143(3) of Maharashtra Land Revenue Code, which was based on the needs of the cultivators, and whether a fresh suit under Section 143(4) of the said Code was necessary, after the decision of the Tahasildar ?

3. The respondents - plaintiffs filed Regular Civil Suit No.1 of 1982 on 28-12-1981 for declaration and injunction as mentioned above. The said suit, upon its transfer to the Court of Joint Civil Judge, Junior Division Warud, was re-numbered as R.C.S.No.33 of 1989. The plaintiffs are admittedly the owners of field Survey No.35/2 and 35/1-A situated digonically opposite to each other. The field Su