1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO.546 OF 2010 Balkrushna s/o Domlu Kawale (dead) through Shri Shankar Balkrushna Kawale and others Versus Shri Pandurang s/o Damlu Kawale _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri N.A. Lapalikar, Advocate for the appellants, Shri S.D. Sirpurkar, Advocate for the respondent. CORAM : R.M.SAVANT, J. DATED : 24.02.2011. This Second Appeal takes exception to the judgment and decree dated 4th March, 2009 passed in Regular Civil Appeal No.97/2002, by which the decree passed by the Trial Court in favour of the plaintiff came to be confirmed. Both the Courts below have concurrently held on the basis of Ex.54 and Ex.64 that the plaintiff has right of way through 10 feet width of road North to South for going to the cattle shed and Sandwadi. EX.54 is a pursis filed by the parties in Criminal Case No.40/94 recording settlement between the parties and Ex.64 is a notice issued by defendant No.1-Balkrushna Kawale, wherein in paragraph 2 it is stated by him that the said right of way is to enure to the benefit of both the plaintiff and defendant. In the light of concurrent findings of fact recorded by the Courts below, no 2 substantial question of law arises in the above Second Appeal, which is accordingly dismissed. JUDGE pma