1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2260 OF 2011 (Rajendra s/o Pundlikrao Ghormade vs. Master Jayprakash s/o Ramchandra Helode and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Ms. R.S. Sirpurkar, Advocate for the petitioner. ------- CORAM : R.M. SAVANT, J. DATED : JULY 25, 2011 The above petition takes exception to the order dated 22/9/2010 passed by the learned District Judge-3, Amravati whereby the Miscellaneous Civil Appeal No.18/2009 filed by the petitioner came to be rejected and resultantly, rejection of the temporary injunction application by the Trial Court by order dated 16/3/2009 came to be confirmed. Both the Courts below have recorded a finding of fact based on the material that was on record that the plaintiff was not able to prove that he has a right of way through the field of the defendants. Though it was the case of the plaintiff 2 that the said way is in existence and that about 35-40 persons are using the said way in order to approach their respective fields, the plaintiff had not adduced any evidence in that behalf. The Trial Court, therefore, recorded a finding of fact that the said right of way has not been proved by the plaintiff, which has been confirmed by the Appellate Court. In my view, the findings of fact recorded by the Courts below at the prima facie stage do not warrant any interference in the writ jurisdiction of this Court. The writ petition is accordingly dismissed. However, considering the issue that is involved, which is in respect of the right of way, hearing of Regular Civil Suit No.3/2009 pending on the file of the learned Civil Judge, Junior Division, Warud, District Amravati is expedited and is directed to be disposed of by 31st March 2012. JUDGE khj