1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 331 OF 2003 Office notes, office memoranda of Corum, appearances, Court’s orders or directions and Registrar’s orders. Court’s Judge’s orders. 1. Heard Shri. V.S. Badakh holding for Mrs. C.S. Deshmukh, counsel appearing for appellant. This is a Second Appeal preferred by original plaintiff, who claims that he is owner of S.Nos. 7 and 11 situated at village Holi, Tq. Ausa. He has stated that defendants were trying to create new right of way in S.Nos. 7 and 11. The trial Court has considered the issue in paragraph no. 11 and has observed that 2 defendants have produced Khasra Patrak at Exh. 77 to 79 and at Exh. 98 to 103. The defendants have also produced 7/12 extract at Exh. 80 to 97, in which cart track is shown. Thus, the plaintiffs have also produced copies of 7/12 extracts at Exh.5,6 &7 which shows private cart road in the column of other rights. The plaintiffs have produced on record certified copy of Map at Exh. 76, in which the disputed road has been shown. Thus, there is ample documentary evidence to show continuous entries of bullock-cart the record of property of appellant. The trial Court and first appellate court have concurrently come to the conclusion that though there is a right of way recognized even by revenue authorities since long. 3 It is the appellant, who has planted sugarcane on the way and thus obstructing the right of defendants. In view of the concurrent findings on facts and the evidence, the Appeal can not be admitted. The conclusions are reasonable and proper. No substantial question of law arises. Thus, the Second Appeal stands dismissed. DATE : 01/07/2009 [ P.R. BORKAR ] JUDGE knp/SA331.03 4 5 6 7 8 9 10 11 12 13