1. This second appeal was not board. However, Appeal From Order No.99/2013 is on today's admission board at Sr. No.22. Mrs. Deshpande, learned counsel for the appellants, commenced her arguments on A. O. No.99/2013 and during the course of hearing it was noticed that the result of this A.O. depends fully upon the result of Second Appeal No.426/99. That being so, with the consent of learned counsel for both the parties, present A. O. as well as S. A. were posted for final hearing and disposal at 2.30 p.m. and accordingly both the appeals have been heard together.

2. Since result of A.O. No.99/2013 depends on the result of S.A. No. 426/1999, I have taken the said appeal for hearing and disposal first. Upon hearing learned counsel for the rival parties, I find that the following substantial questions of law will have to be reframed since the question of law framed on 20.12.2001 in the light of the arguments advanced before me do not arise. Hence, following substantial questions of law are reframed:

(i) Whether the suit of the plaintiffs for injunction from using Dhura to field No. 28 as way for the defendants, should be decreed in view of non existence of way by Dhura of field s