Bala Maroti Zade Thr. P.O.A. ... vs Dhnyaneshwar Narayanrao Ghode ...
2022 Latest Caselaw 9280 Bom

                                                                                                                                            1509 SA 01 of 2021.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                         SECOND APPEAL NO.01/2021

Bala Maroti Zade (Dead) through his Legal Representatives Prakash Balaji Zade
                                and others
                                ...Versus...
                Dnyaneshwar Narayanrao Ghode and another

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                                                         Shri Rohit Joshi, Advocate for appellants



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 15/09/2022

1. Heard Shri Rohit Joshi, learned counsel for the appellants. The Tahsildar, in exercise of the powers under Section 143 of the Maharashtra Land Revenue Code, has granted a right of way to the plaintiff, who is the owner of field Survey No.102 for approach by a bullock cart to his field from the western boundary of Survey Nos.98 and 99, by an order dated 19/08/1999 (pg.72 of Pursis dated 12/09/2022). Since there was an obstruction to the way in the year 2008, a suit was filed for removal of the obstruction. The learned Trial Court by the judgment dated 15/12/2017, has granted a decree restraining the defendants/respondents from creating any obstruction in the way. The learned Appellate Court by the 1509 SA 01 of 2021.odt

impugned judgment dated 20/01/2020 has allowed the appeal, on the ground of limitation, holding that the obstruction was in the year 2008 and the suit having filed on 21/09/2012 being beyond a period of three years, was barred by limitation. The following substantial question of law arises for determination.

Whether the obstruction to a right of way granted by the Tahsildar under Section 143 of the Maharashtra Land Revenue Code would constitute a continuous cause of action ?

2. Issue notice for final disposal at the stage of admission to the respondents, returnable on 07/10/2022.

3. The appellants shall serve the respondents by Hamdast by the returnable date.

4. Call R & P.

5. Hamdast for R & P is granted.

Digitally signed bySHAILENDRA (AVINASH G. GHAROTE, J.) SUKHADEORAO WADKAR Signing Date:16.09.2022 12:31 Wadkar