1. The Trial Court dismissed Regular Civil Suit No.66 of 1998 for grant of declaration that the order dated 23-6-1998 passed by the Mamlatdar under Section 5 of the Mamlatdars' Courts Act, 1906 granting right of way to the defendant No.1 is bad in law and, therefore, the defendant No.1 be restrained from approaching his field from the northern boundary of the plaintiff's field Gat No.47/1 of Village Jalka Jagtap, as per the said order. The lower Appellate Court has allowed the appeal and set aside the decision of the Trial Court. The lower Appellate Court grants a declaration that the defendant No.1 has no right to go to his land by and from over the northern dhura of the field of the plaintiff and from inside the field. It restraints the defendant No.1 from approaching his field by or from near the northern dhura of the field of the plaintiff. The map at Exhibit 56 is treated to be the part and parcel of the decree. The original defendant No.1 is, therefore, before this Court in this second appeal.

2. On 26-8-2003, this Court passed an order as under :-

“Admit.

Ground Nos.(a), (b) and (c) of the amendment application shall be treated as substantial questions of law.

Adinteri