1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 497 OF 2005 (Prabhakar Balusa Mawale .v. Sumitrabai Rambhau Pawar and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.S. Mardikar, Advocate for the appellant. Shri R.R. Deshpande, Advocate for the respondent Nos.1 and 2. CORAM : C.L. PANGARKAR, J. 08TH JANUARY, 2008 Heard the learned Counsel appearing on behalf of the respective parties. The plaintiffs had instituted a suit for declaration and injunction. The plaintiffs had sought declaration that they have approach road to the latrine situated in the land belonging to the defendant, since there was a partition to the plot. It is the case of the plaintiffs that the plaintiffs vendor has given them right to go to the latrine situated in the land belonging to the defendant which was formerly part of the same plot. There are two concurrent findings of the Courts below holding that the plaintiffs have right to approach the latrine and also right of easement of necessity. Since there was a division of plot and vendor of the plaintiffs had granted such right in the sale deed to 2 the plaintiffs, the Courts below have rightly held that the plaintiffs had right of easement of necessity to make use of the latrine and, therefore, they can pass through the land belonging to the defendant. No substantial question of law arises. The Second Appeal is dismissed in limine. JUDGE *rrg.