1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 300 OF 2009 Shri Amarsinha Jyotyajirao Jadhavrao ... Appellant v/s Shri uttam Nivrutti Jadhav & ors. ... Respondents Mr.G.S.Godbole i/by Sidhartha Ronghe for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 29TH JULY, 2009 P.C.: 1. The second appeal has been filed against the judgment in Civil Appeal No.198 of 2005. This civil appeal was filed against the decree passed by the Trial Court in Regular Civil Suit No.163 of 1994. The Trial Court has restrained the defendant i.e. the appellant herein from enlarging the disputed pathway and also restrained him from using the disputed pathway as a road for vehicular traffic. The bone of contention was the pathway which led through the plaintiffs’ property. According to the 2 defendant, it was a public road open for traffic and was used by all the villagers. However, on the basis of the evidence on record, the plaintiffs have established that the pathway is the exclusive property of the plaintiffs and that it passes through Gat No.2166, which is owned by them. The plaintiffs have also proved that this pathway cannot be used for carts or vehicles of any nature. 2. The appellate Court has concurred with the findings of fact recorded by the Trial Court. 3. No substantial question of law therefore arise in this second appeal. 4. Appeal dismissed. ..... 3