1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1865 OF 2010 (Bhimrao N. Kadu vs. Sau. Devakabai L. Shinde & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JULY 01, 2010. Heard Shri Deshpande, learned counsel for the petitioner and Mrs. Khisti, learned counsel for the respondents. The petitioner filed proceedings under Section 143 of the Maharashtra Land Revenue Code, (hereinafter referred to as the Code) complaining that way used by him to reach his field was closed and brought under cultivation by the respondents. The Tahsildar passed orders under Section 143 of the Code and restored that way. After filing appeal and revision against the order of Tahsildar, Civil Suit came to be filed by present respondents seeking declaration that the petitioner has got an alternate way and hence he should be permanently restrained from using that way and they also applied for temporary injunction, which came to be granted and that grant has been maintained in appeal by Ad-hoc District Judge – 2, Amravati. Shri Deshpande, learned counsel contends that in view of Section 143(4) of the Code, suit ought to have been filed within one year and though trial Court 2 has given reason of application of Section 14 of Limitation Act in the matter, the appellate Court has recorded finding in favour of the petitioner in this respect. He further states that the trial Court did not apply its mind to merits of the matter to arrive at finding of facts but has abruptly concluded that there was prima facie case in favour of the respondents. He states that this aspect has been to certain extent considered by the appellate Court but then that consideration is also not proper. According to him, an order passed under Section 143 of the Code, giving the only way to the petitioner, has been thus stayed erroneously in the guise of granting temporary injunction to the respondents. Mrs. Khisti, learned counsel has stated that in view of the provisions of Section 143(4) & (5) of the Code, the suit cannot be said to be barred by Limitation Act and this aspect is considered by appellate Court in the light of orders of this Court in Civil Revision Application No. 36 of 2009. She further states that two witnesses examined before the Tahsildar are also looked into by the appellate Court to note that Ramchandra Madavi had some reason to speak against the respondents and spot was inspected behind the back of respondents. She has further pointed out that an alternate way i.e. Dhotra Papad road which goes adjacent to field of the petitioner is also found in existence by the appellate Court. With the assistance of both counsel, I have 3 perused the papers. The appreciation on the point of limitation, at prima facie stage by placing reliance upon CRA No. 36 of 2009, cannot be said to be either erroneous or perverse. It further appears that the complaint of the petitioner was of destruction of way already in existence and he was not, therefore, seeking way to be provided. This aspect was also considered prima facie and appellate Court noted that the jurisdiction to grant such way was with Mamalatdar under Section 5 of Mamalatdar Courts Act. At this stage, I do not find this conclusion as erroneous or perverse. The finding of availability of Dhotra Papad Road as noted by the appellate Court is not again shows to be perverse. The trial Court granted temporary injunction on 05.11.2009 and it was confirmed in appeal on 27.01.2010. It is not the case of the petitioner that till then he was using the way granted by the Tahsildar. In this situation, no case is made out warranting any interference in writ jurisdiction. Writ Petition is disposed of. Rule accordingly. No order as to costs. However, proceedings in Regular Civil Suit No. 24 of 2009 are expedited and Civil Judge, Junior Division, Nandgaon Khandeshwar, is directed to decide the same as early as possible and in any case by 31st October 2010. JUDGE *GS.