Mandabai Onkarrao Kharat And Others v. Laxman Namdeo Bhokre And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8044/2015 IN SECOND APPEAL NO.334/2015 MANDABAI ONKARRAO KHARAT AND OTHERS

VERSUS

LAXMAN NAMDEO BHOKRE AND OTHERS ...

Advocate for Appellants : Mr. Vibhute Sunil M. Advocate for Respondents 1 to 4 : Mr.V. S. Bedre h/for Mr.Badakh Vishal S.

CORAM

: T. V. NALAWADE, J DATE :

26th April, 2016 PER COURT :

1.

This Court has today admitted the appeal. Hearing is given to the learned counsel for the respondents original plaintiffs on the present application. He placed reliance on many sale deeds, copies of which are taken on record.

2.

This court has formed opinion that the road which was affecting the rights of Kharat could not have been given by Prakash Deshmukh to the vendors, plaintiffs and so the portion of the land of Kharat which is portion of Land Gat Nos. 168 and 169 cannot be used as cart-way. However, the common band lying between Gat No.168 and 169 can be used as footpath and the width of this common bandh will be as per the rules framed under Maharashtra Land Revenue Code for the purpose of boundary marks. Application is disposed in those terms.

( T. V. NALAWADE, J. ) JPC