1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2793 of 2009 (Baburao s/o Jagdeorao Deshmukh and another v. Vimlatai w/o Sarjerao Deshmukh and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.A. Bramhe, Advocate, holding for Shri A.S. Jaiswal, Advocate for Petitioners. Shri R.G. Kavimandan, Advocate for R- 1. Coram : R.C. Chavan, J. Dated : 24 th July, 2009 This petition by the defendants takes exception to the order passed by the learned District Judge on an appeal slapping an injunction restraining the petitioners from using 2 annas width way on the southern boundary of the plaintiff’s field as cart way. The learned counsel for the petitioners points out that this order came to be passed on the mistaken belief on the part of the learned District Judge that the petitioners had admitted existence of 2 annas way along the southern boundary of the plaintiff’s field. The dispute of the defendants is not about the existence of way, but that it is a cart track, 2 since the defendants do not have any other cart track for accessing to their field. After considering the report of the Commissioner, the learned Trial Judge had refused to grant injunction. The learned District Judge allowed the appeal and granted injunction. According to the petitioners, the effect of injunction is that the petitioners would be left with no access to their field. However, this contention had not been raised before the Trial Court. In view of this, it cannot be said that the learned District Judge erred in granting an injunction restricting the path along the southern boundary of the plaintiffs’ field to 2 annas, i.e. 4 feet in width. In view of this, no interference is called for in the order passed, as understood by the parties, viz. that the defendants would have right to use path up to the extent of 4 feet only, but not as a cart track, pending the hearing and decision of the suit. Since the learned counsel for the petitioners states that this may cause difficulties in agricultural operation of the defendants, the learned Trial Judge shall endeavour to dispose of the suit as early as possible and within a period of six weeks. Both the learned counsel undertake to inform their counter-parts to ensure that no adjournments are sought. 3 The petition is, therefore, dismissed. Judge. pdl