1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 467 OF 2005 Waman s/o Namdeo Dong & another Appellants Versus Vithal s/o Narayan Dond & others Respondents Shri S.S. Kulkarni, advocate for the appellants. CORAM: R.M.BORDE, J. DATE : 20th August, 2009. PER COURT : 1 This is an appeal by original defendants raising exception to the judgment and decree passed by the District Judge, Ahmednagar on 3-11-1993 in Regular Civil Appeal no. 298/1984 thereby reversing the judgment and decree passed in Regular Civil Suit no. 467/1973 on 29-2-1980 by the Civil Judge, Jr.Dn., Shrirampur. 2 Plaintiffs instituted suit claiming right in respect of way for approaching their agricultural property through the lands belonging to the defendants. Plaintiffs claim that the suit way is the only available 2 approach for them to reach their agricultural property. The first appellate court after perusing the evidence placed on record has come to the conclusion that the suit way is the only way available for the plaintiffs for reaching their agricultural property. It has also been observed that the way in question is in existence since many years. It is also to be noted that the plaintiffs and defendants are from the same family and the agricultural lands which are situate adjacent to each other were the lands belonging to the family of plaintiffs and defendants. Considering all the relevant circumstances, I am of the opinion that this appeal does not raise any substantial question of law. Appeal therefore stands rejected summarily. 3 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. (R.M.BORDE) JUDGE ******* dyb/sa467.05.odt