1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4965/2007 (Ravindra Kisanji Varhade & others VERSUS Sheshrao Vyankatrao Varhade & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Mundra, counsel for the petitioner. Shri J.J. Chandurkar, counsel for the R-1 to 4. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 11, 2008. By the instant petition, the petitioners impugn the order passed by the Sub Divisional Officer, Chandur Railway on 26.03.2007 allowing the petition filed by the respondent under Section 23 of the Mamlatdars Courts Act, 1908. The petitioners had claimed a right of way through the fields of the respondents on the ground that the petitioners had an easementary right of way to the road marked as 'ABCDEF' in the village map. It was the case of the petitioners that a thorny fencing was erected by the respondents on this way and the way was blocked. 2 The Tahsildar, by an order dated 22.12.2006, held that the petitioners had a right of way through the way in question and the respondents were directed to remove the hurdles on the way/ path. The order passed by the Tahsildar on 22.12.2006 was challenged by the respondent in a revision before the Sub Divisional Officer, Chandur Railway. The Sub Divisional Officer, Chandur Railway, on an appreciation of the evidence on record, came to a conclusion that the petitioners had an alternate way to approach their field and the suit way marked by letters 'ABCDEF' was not completely shown in the village map and was shown only to certain extent. The findings recorded by the Sub Divisional Officer, Chandur Railway are pure findings of facts based on an appreciation of the material evidence on record. There is no reason to interfere 3 with the findings in exercise of the jurisdiction under Article 227 of the Constitution of India. The writ petition is dismissed with no order as to costs. JUDGE APTE