1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Second Appeal No. 548 of 2006 Kewa Giripunje & Ano. Vs. Mangru Giripunje & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri N. A. Vyawahare Adv. for appellant. CORAM: C. L. PANGARKAR J. Dated: 7 th February, 2008. Heard. This is a second appeal by defendants. Plaintiffs have instituted a suit seeking injunction against the defendants restraining them from obstructing their right of way as 2 suggested in the plaint i.e. to pass over the boundaries of the fields shown by letters A-B-D-C-M. Both the Courts below have found that by virtue of the entry in the Wazib-ul-arz Ex. 48 plaintiffs have such right to pass over the boundary of the field . Plaintiffs have also claimed right of way besides the Wazib-ul-arz as per custom. It is not disputed that in Wazib-ul-arz such customary right is recorded by the Revenue Authority. Obviously, therefore there is a customary easementary right to the plaintiffs to pass over the boundary. That has been upheld by the Courts below, after considering the evidence on record particularly copies of the Wazibu-ul-arz. The defendants have suggested another 3 way to the plaintiffs. Courts found that, that way is circuitous and is not very convenient and the Courts below have also found that by virtue of entry in Wazib-ul-arz the plaintiffs have every right to pass by suit way. Mr. Vyawahare learned counsel for the appellants could not show me as to how the judgments of the Courts below are perverse. In view of the fact that there are concurrent findings and the right has been recognised by wazib- ul-arz, Courts below were justified in decreeing the suit. There is no substance in the appeal. Appeal is dismissed. JUDGE svk