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2018 Supreme(Bom) 349

SHALINI PHANSALKAR-JOSHI
Vasudev Pandharinath Raikar – Appellant
Versus
Manoj Mohan Dalvi – Respondent


Advocates Appeared:
For the Petitioners:A.V. Anturkar, Senior Counsel, a/w. Prathamesh B. Bhargude, Advocates.
For the Respondents:Sanjiv A. Sawant, a/w. H.S. Kadam, Advocates.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Anturkar, learned Senior Counsel for the Petitioners, and Mr. Sawant, learned counsel for the Respondents.

2. This Writ Petition, filed under Article 227 of the Constitution of India, takes an exception to the concurrent findings of fact recorded by the two Courts below, thereby allowing the application for interim injunction filed by the Respondents-Plaintiffs at “Exhibit-5” in Special Civil Suit No.1246 of 2016. The order challenged in this Writ Petition is dated 23rd August 2017 passed by the District Judge-14, Pune, thereby dismissing the Miscellaneous Civil Appeal No.12 of 2017, confirming the order passed below “Exhibit-5” by the Trial Court.

3. According to the Petitioners, they are having the 'right of way' from the property of the Respondents, bearing Survey No.49/3A and 49/3C, situate at Village Vadgaon Khurd, Taluka Haveli, Dist. Pune. As the Respondents-Plaintiffs were obstructing to the said 'right of way', they filed a Suit against the Respondents before the Mamlatdar's Court, under Section 5(2) of the Mamlatdars' Courts Act (2 of 1906). The said Suit





















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