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BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
A.S. Oka, J
Shankar Bandu Koli – Appellant
Versus
Sitaram Ganu Koli, since deceased by his heirs and legal representatives – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Suhas Deokar, Mr. C.G. Gavnekar

ORAL JUDGMENT:

1 Heard the learned counsel appearing for the Appellant. The Appellant is the original Defendant No.1. The Respondent Nos.1 to 3 are the original Plaintiffs.

2 According to the case of the original Plaintiffs, they are the owners of the house property bearing Grampanchayat Property Nos. 25, 36, 37 and 38 of village Bhose, Taluka Miraj, District Sangli. It is alleged that there are five windows on the ground floor of the said house and the five windows on the first floor of the said house. It is alleged that there is Property No.380 on the southern side of the said house which is a property in the nature of a passage. It is alleged that the Plaintiffs have right of easment to enjoy the air and light from the strip of land having width of 5 and length of 40 feet. It is contended that the Plaintiffs have right to discharge the water on the said strip of land. It is alleged that the house was constructed by the Plaintiffs in the year 1954. It is alleged that the right of easment was enjoyed by the Plaintiffs uninterruptedly from the year 1954 i.e. for a period of more than twenty years before filing of the suit. It is alleged that in the January 1980, the Appellant constru

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