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2024 Supreme(Online)(Bom) 7473

HIGH COURT OF BOMBAY
,
SHRI RAMCHANDRA S/O DEWAJI – Appellant
Versus
RAJENDRA S/O DHONDABA RAUT – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

Table of Content
1. ownership of agricultural land in dispute. (Para 3 , 4)
2. trial court dismissed suit based on evidence. (Para 5 , 6)
3. arguments regarding existence of right of way. (Para 8 , 9)
4. legal analysis under indian easement act. (Para 10 , 12 , 14)
5. final ruling and costs awarded. (Para 16)

1. Heard finally with the consent of learned counsel appearing for the parties.

2. This second appeal is preferred against the Judgment and Decree passed by the Additional District Judge, Gadchiroli in Regular Civil Appeal No.12/1999 dated 17/12/2005. The said appeal was filed against the Judgment and Decree passed by the Civil Judge, Junior Division, Armori, Dist. Gadchiroli in Regular Civil Suit No.30 of 1994 dated 16th April, 1999. It was suit for perpetual injunction. The parties are referred to their original status in the suit.

3. The factual matrix :-

The agricultural land bearing Survey No.118/3 situated at village Deloda - Khurd, Tah. Armori, Dist, Gadchiroli owned by the plaintiff is the subject matter of the suit. The plaintiff claims that the defendants brothers are the owners and possessors of their agricultural lands bearing Survey Nos.120 and 127 which are adjacent to th

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