JUDGMENT :- Petitioners before this Court are the defendants in RCS No. 456/2009 and have invoked Article 226 read with Article 227 of the Constitution of India to challenge the reversing judgment dated 21-1-2010 delivered by the 4th Additional District Judge, Nagpur in MCA No. 230/2009 whereby it has granted temporary injunction to respondent plaintiff. The petitioners, their agents, servants etc. are restrained from obstructing the respondent in using suit road by this appellate judgment. Considering the nature of dispute, I have heard parties finally at the stage of admission itself with their consent by making Rule returnable forthwith.

2. On or about 16-6-2009 present respondent filed RCS No. 456/2009 praying for permanent injunction to restrain defendants i.e., petitioners from obstructing their user of suit road. Said road is stated to be situated east west on Shivdhura of land bearing survey No. 348 of Mouza Godhani, Tahsil Nagpur Rural, District Nagpur. They relied upon the order dated 26-2-2009 passed by the Tahsildar permitting them to use road constructed over lands bearing Survey No. 347 & 348 of Mouza Godhani as an approach road to their college. Pursuant to Tahsildar'

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