ORAL JUDGMENT

Heard.

2. Rule. Rule is made returnable forthwith and heard finally with consent of the parties.

3. The petitioners are owners of Gat Nos.113, 114, 115, whereas respondent no.1 is owner of Gat No.111, situated at village Korpavali, Taluka Yaval, District Jalgaon. Respondent no.1 submitted a plaint before the Tahsildar, Yawal on 1st June, 2010 under section 5 of the Mamlatdars' Courts Act, 1906 . Perusal of the plaint discloses that respondent no.1 has sought to canvass that there exists a right of way from Gat Nos.113, 114 and 115 of the petitioners to his Gat No.111, which passes through a nallah towards southern side from northern side. It is alleged by respondent no.1 in the said plaint, that the petitioners, by using J.C.B. have carried out digging activity in the nallah and have stored dug material on the bank of the said nallah, which has resulted in creating obstruction in his right of way. It appears that based upon the plaint, the learned Mamlatdar directed respondent no.1 to remain present and recorded his verification in the form of an affidavit.

4. It appears that, subsequent thereto, the matter was referred to Revenue Circle Officer for the purpose of inquir