1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3703 OF 2009 IN SECOND APPEAL NO. 254 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.M. Bhokarikar, Advocate for applicant. Mr. Girish Rane, Advocate for respondent Nos. 1 to 4. CORAM: R. M. BORDE, J. DATED: 5th March, 2010. P.C.: 1. This is an application seeking directions to the respondents in respect of allowing the applicant to take water by using electric motor placed on well in Gat No. 29 as stated in the application for irrigating the land in his possession. 2. It is stated in the application itself that the applicant's father was allowing the applicant to take water for irrigation of his land, which is given in his possession temporarily for enjoyment. But, after demise of father, the respondents were not allowing him to take water for irrigation purpose. It is pointed out by the counsel appearing for the respondents that the death of father of defendants had taken place some decade back and since then the applicant is not using the well water. 2 3. The grievance in respect of the obstruction by the respondents was neither made before the trial Court nor before the first appellate Court. Hence, such a relief cannot be prayed for the first time in the second appeal. It is also to be noted that the suit presented by the appellant seeking partition of the property is dismissed by the first appellate Court. The relationship between the original plaintiff and defendant is that of the father and son. In these circumstances, I do not find it appropriate to entertain the application. The application, therefore, stands rejected. [ R.M. BORDE, J.] ssc/ca3703.09