The first appellate court must provide sufficient reasoning for its decision, especially when reversing the findings of the trial court.

JUDGMENT :

Anil Satyavijay Kilor, J.

1. The learned Principal District Judge, Amravati, while reversing the judgment and decree dated 4th March 2010 passed by the learned Extra-Joint Civil Judge Senior Division, Amravati in Regular Civil Suit No. 268 of 1997, allowed the suit for declaration and perpetual injunction, vide judgment and decree dated 14th September, 2015 passed in Regular Civil Appeal No. 60 of 2010.

2. The brief facts of the present case are as follows:

(The parties are referred as per their status before the trial Court.)

It is the case of the plaintiffs that they are the owners and possessors of land Gat No. 39, admeasuring about 1H. 99R. Out of this agriculture land, 0 H 12 R is Potkharab. This land is purchased by the plaintiffs in the recent past. They have filed a map drawn by village Talathi of Wadegaon of this field along with plaint, showing situation of the field.

3. It is further the case of the plaintiffs that when the field was purchased by them, the approach road to the field bearing Gat Nos. 71, 72 and onwards is shown from the southern side of the field of the plaintiffs i.e. Gat No. 39. This approach road was in use of the villagers, when land Gat No. 39 purchased by the plaintiffs. The villagers used to use said road from Rajora-Waghala till Gat No. 39 and thereafter, from the southern boundary of Gat No. 39. This way was continued to be in use even after plaintiffs purchased the said land.

4. The plaintiffs have alleged that besides that an application was preferred before Tahsildar, Warud by one Marotrao Govindrao Ghatole, owner of agriculture land Gat Nos. 71/1 A and 73. The said application was registered as Revenue Case No. LEN/39/5/Wadegaon/96-97. The said application was preferred for getting approach road to the field of plaintiffs as shown in the Revenue Record and it was contended that the road, which is under use from the field of the plaintiffs is not convenient for him. Thereupon, Tahsildar, Warud called of Revenue Record to ascertain the way through the field Gat No. 39 of the plaintiffs including total map of Gawthan of Mauje Wadegaon, Thiphan Utara. So also, the map of entire old survey No. 20. The Tahsildar, after perusing these documents, passed order thereby directing the Talathi to inspect the spot and submit his report within the stipulated period. However, in the meantime, Tahsildar himself visited spot and as per map, the road was made clear through Gat No. 39 and said road is as shown in the map of the plaint from A-D. The plaintiffs were required to sustain loss because they were required to remove about 11 trees of oranges and other trees to clear the approach road shown by Tahsildar through the land of the plaintiffs. The plaintiffs did not resist the same because they were inclined to grant much less allow any approach road to pass through their field. They have alleged that as soon as the way was made clear as shown in the map by letters A-D in presence of villagers and party to the application before the Tahsildar, apparently the dispute in the revenue application before Tahsildar was settled. But, for one or other reason, the pendency of the application remained with the office of Tahsildar.

5. According to plaintiffs, subsequently thereof they applied to appropriate revenue authority for getting measurement of their agriculture land Gat No. 39, deposited the fees of measurement and thereupon, the defendants No. 2's officer viz. K.M. Bhadke had measured the field of plaintiffs and drawn a map. They have alleged that the said map drawn by said officer is erroneous as it has shown encroachment of the plaintiffs in Gat No. 40. As well as the way which is shown in the Revenue Record and which has been made free on application of villagers in Revenue Case by the order of Tahsildar has been shown to be totally different in said map drawn on 01/04/1997 the said road has been shown by letter A, D, F. They have alleged that as such, two roads shown through the field of the plainti