1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1771 OF 2010. Sau. Sunita Madhukarrao Deshmukh and another -: versus :- Pralhad D. Wagh and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 22, 2010. Heard Shri U.N. Vyas, learned counsel for petitioner, Shri R.N. Ghuge, learned counsel for respondent nos. 1 and 2 and learned A.G.P. for respondent no.3. The Courts below have concurrently found against petitioners/defendants in the matter of right of way. The petitioner has also filed proceedings under Mamlatdar Court Act and same are pending. In the meanwhile respondents have filed Civil Suit and in it has obtained restraining orders against the present petitioners. The Appellate Court has found that prima facie the way claimed by petitioners was not in existence at any point of time. For said purpose it had relied upon the evidence of petitioner no.2 Vijay recorded on 06.01.2006 before the Mamlatdar Court. This appreciation of controversy by the Appellate Court does not appear to be perverse or erroneous. 2 According to petitioners, respondents have fabricated a map to show way not in existence. In view of the admission of Vijay, recorded above at this stage it is not necessary to record any finding on alleged fabrication. But considering the fact that the matters are pending before the Mamlatdar as also before the Civil Court, the proceedings in Regular Civil Suit No. 268/2009 are expedited and Court below shall attempt to decide the same as early as possible and in any case within a period of one year from the date of communication of this order to it. Subject to this, Writ Petition is dismissed. No costs. JUDGE Rgd.