1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NO.920 of 2009 in SECOND APPEAL NO.462 of 2009 Hiraman Bapurao Kamadi ..vs.. Nanaji Bapurao Kamadi =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.S.V. Tadas,Adv. for appellant. Mr.Amol Mardikar Adv. for the respo. C ORAM : C.L.Pangarkar, J. DATED : 19th April, 2010. Heard the learned counsel for the appellant and the respondent. This application has been filed for grant of an injunction against the respondent/defendant. It is the case of the plaintiff that there was a partition between the plaintiff and the defendant and during their partition 30 x 5 cubic space was left as a way for approach to the plaintiff's side. The plaintiff contended that the defendant obstructed the right of way granted under the partition, which took place more than 25 years ago. The courts below, however, have rejected the 2 case of the plaintiff with regard to his right of way. The learned counsel for the appellant brings to my notice the memorandum of partition, which is Exh.46 filed in the trial court. In the said partition, there is certainly a mention with regard to the right of way to the plaintiff and leaving of a space as right of way to the plaintiff. The defendant in the written statement has, in fact, admitted that there is no dispute with regard to the partition at all between the parties and also admits that the partition had taken place in presence of Laxman Hargode and Baliram Kamdi. The said document, which is written by Moreshwar Kamdi and signed by Laxman is placed on record. That document goes to show prima facie that the space has been left. In any case, there is a division of tenement and therefore certainly other party, who is landlocked, is entitled to a right of way. In the circumstances, the plaintiff/ appellant is entitled to injunction as prayed for. Order accordingly. The application is disposed of. JUDGE. chute 3