1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 41 OF 2008 Kundlik Ganpat Sonwane & Ors. vs. Udhav Jivan Kapgate 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. FEBRUARY 25, 2008. Heard Shri Karmarkar, learned counsel for the appellants – original defendants. The challenge is to the concurrent judgments and decrees of Courts below. Shri Karmarkar, learned counsel contends that in view of the availability of remedy under Section 143 of Maharashtra Land Revenue Code, the suit was not maintainable and he further contends that when there was alternate way available, the easement of necessity could not have been recognized. The availability of alternate way is the issue which depends on facts and both the Courts below have relied upon the evidence on record and also report of Commissioner to hold that alternate way as suggested by the 2 present defendants/ appellants is not available. Similarly, the case is to remove obstruction and not for providing way and Section 143 is, therefore, not available. No substantial question of law, therefore, arises in this Second Appeal. Second Appeal is dismissed. No order as to costs. JUDGE *GS.