JUDGMENT

R.G.AVACHAT - Rule. Rule made returnable forthwith and heard finally, by consent of the parties.

2. The challenge in this writ petition is to the judgment and order dated 07.12.2019, passed by the District Judge-1, Sangamner, in Civil Miscellaneous Appeal No. 6 of 2018.

3. The petitioner is the original defendant in Regular Civil Suit No. 1064 of 2017 before the Civil Judge, Junior Division, Sangamner. The said suit has been filed by the respondent Nos. 1 to 5 against the petitioner and other respondents. The suit is for the relief of declaration that there exists a way (prescribed by letters A, B, C and D in plaint map) (for short 'the disputed way'), that goes along Southern side bandh of the lands Gut No. 230/1 and 230/2. The consequential relief of injunction was also prayed for restraining the petitioner and respondent Nos. 6 to 10, 16 and 17 herein (i.e. defendant Nos. 1 to 8), from obstructing respondent Nos. 1 to 5 (plaintiffs) from using the suit way.

4. The petitioner and the contesting respondents appeared in the suit and filed a counter claim. They admitted existence of the suit way. It is, however, their case that the suit way has been used by the petitioner an