Shivaji Namdeo Bhusal And Others vs Bhimraj Bansi Bhusal And Anr
2023 Latest Caselaw 12399 Bom

Bombay High Court

Shivaji Namdeo Bhusal And Others vs Bhimraj Bansi Bhusal And Anr on 7 December, 2023

Author: S.G. Mehare

Bench: S.G. Mehare

                                                                                               9-sa-540-2023.odt
                                                                      (1)


                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                        BENCH AT AURANGABAD

                                                     SECOND APPEAL NO. 540 OF 2023

                                                 SHIVAJI NAMDEO BHUSAL AND OTHERS
                                                              VERSUS
                                                   BHIMRAJ BANSI BHUSAL AND ANR

                                      Advocate for Appellant : Mr. V.D. Hon, Senior Counsel i/b Mr. A.V.
                                                                     Hon
                                                  Advocate for Respondents : Mr. S.S. Dixit
                                                                      ...
                                                                     CORAM : S.G. MEHARE, J.

DATED : DECEMBER 07, 2023 PER COURT:-

1. The dispute is about the existence of way in dispute. The

appellants claim that the way in dispute is in existence and shown in

the village map and village panchayat record. A Rasta Proceeding

under the Mamlatdar's Courts Act was initiated against the present

respondents by a few field owners adjoining to the same way in

dispute. A small question is whether the way in dispute has been

earmarked in the village map. It is the best evidence. The village map

is not before the Court. Hence, the appellants are directed to produce

the authenticated village map by the next date.

2. Stand over to 19.01.2024.

3. Till then, the execution of the impugned judgment and

decree is kept in abeyance.

(S.G. MEHARE, J.) Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Mujaheed// Date: 07/12/2023 19:32:12