P.C.

N.D. DESHPANDE, J.

The present letters patent appeal is arising out of writ petition No.2383/2009 of the petitioners/who are the present appellants and is directed against the order of learned Single Judge of this Court dated 06.07.2009. The parties are neighbouring land holders of village Nishane (Bk). It is undisputed that petitioners are the owners of gat No.307/1 and 307/2, which is recently purchased by the petitioner No.3 and the gat No.310 is owned by the respondents No.1 and 2. The dispute is regarding right of way namely bullock cart wahiwat of petitioners along gat No.310 belonging to respondents No.1 and

2. Therefore, the petitioners made application to the Tahsildar Dharangaon for declaration and injunction against the respondents 1 and 2 on or about 04.06.2007. The learned Tahsildar by an order dated 19.10.2007 held inquiry and declared petitioners' right of way and bullock cart wahiwat along bandh of gat No.310 and injunction was ordered against the owners of gat No.309 and 310 to said Wahiwat. The said order was challenged by the respondents No.1 and 2, firstly in the Civil Court by filing Regular Civil Suit No.63/2007 as plaintiffs in the Court of Ci