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2022 Supreme(Bom) 1419

NITIN B.SURYAWANSHI
Taraba – Appellant
Versus
Vandana W/o Gajanan Tikare – Respondent


Advocates appeared:
V. V. Deshmukh, Advocate, P. N. Kutti, Advocate, V. M. Jaware, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - This petition is directed against the order dated 12-01-2022 passed by the Sub-Divisional Officer, Bhusawal, in Vahivaat/Revision/62/2021.

2. By filing application under Section 5 of the Mamlatdars' Courts act, 1906 (for short 'the said act, 1906'), the petitioner claimed that she is the owner and possessor of land Gut No.70/1, admeasuring 1 Hectare 53R of village Chinchkheda, Tq. Bodwad. The respondents' land Gut Nos. 67/1 and 67/2 are adjacent to the land of the petitioner. The petitioner used to approach her land from Shevga Dhondkheda Shiv road and then from the boundary of respondents' Gat Nos. 67/1 and 67/2 South-North Vahivaat road which is the customary Vahivaat road and except that there is no other road. The respondent Nos. 1 and 2 obstructed the petitioner from using vahivaat road on 18-10-2019. The Petitioner filed application before the Tahsildar on 19-10-2021 and 11-11-2021 complaining about the obstruction of the respondents. However, no action was taken. On 25-05-2021, the respondents obstructed the petitioner, hence, the present application is filed by the petitioner.

3. Pursuant to the said application, site inspection along with r

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