1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 432 OF 2008 Sarjerao s/o Uttam Wayal & another .. APPELLANTS VERSUS Pandit s/o Nayabrao Wayal .. RESPONDENT Mr. S.V. Deshmukh, Advocate holding for Mr. S.T. Shelke, Advocate for the appellants. Mrs. Geeta Deshpande, Advocate for the respondent. ===== CORAM : R. M. BORDE, J. DATE : 25th FEBRUARY, 2010 PER COURT : 1 This is an appeal by original defendants raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted Regular Civil Suit no. 129/1997 claiming a decree of perpetual injunction praying for restrain order against defendants from interfering in possession of the plaintiff over land block no. 109 survey no. 20 admeasuring 81 R situate at village Tokwadi, Tq. Partur, Dist. Jalna. It is the contention of the plaintiff that defendants who are the adjoining land 2 holders are trying to create a new cart way from the land belonging to the plaintiff. Defendants have resisted the suit by filing written statement. Trial court after considering the evidence led by the parties, has granted decree in favour of the plaintiff and said judgment and decree passed by the trial court has been confirmed by the first appellate court in Regular Civil Appeal no. 197/2005. 3 I have perused both the judgments recorded by the courts below and heard arguments advanced on behalf of the respective parties. Dispute appears to be in respect of the alleged cart track which the defendants are claiming through the land belonging to the plaintiff. Plaintiff has not denied the existence of the foot way passing through the land as recorded by the Tahsildar and, even as per the panchanama recorded on 8-7-1987. However, defendants cannot create any new cart track through the land. It is amply clarified in the judgments recorded by the courts below that the defendants are entitled to use only the path way and not cart track. There is no error in the judgments recorded by the courts below. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed summarily. 3 4 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/sa432.08.odt