Tarabai Ratan Nimrot And ORS v. Popat Nandram Tatu And ORS

2025:BHC-AUG:10299 916-ca-15021-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15021 OF 2023 IN SA/958/2004 Tarabai Ratan Nimrot And Ors

VERSUS

Popat Nandram Tatu And Ors ...

Mr. S. A. Dhengle, Advocate for Applicants Mr. Ajit Gaikwad Patil, Advocate for Respondent Nos.1 and 3 .....

CORAM : ROHIT W. JOSHI, J.

DATED : 03RD APRIL, 2025 PER COURT :- .

Vide order dated 27.01.2010, this Court has observed that the disputed boundary i.e. Bandh/Dhura was being used as a pathway for approaching the agricultural lands by foot. Having so observed, this Court was pleased to reject the Civil Application.

2.

Last two sentences in the order dated 27.01.2010 are required to be interpreted and understood in the context of the observations of the earlier part of the order whrein it is clearly held that the disputed land was not being used as a cartway but only as a pathway i.e. to approach the agricultural lands by walking on foot.

916-ca-15021-2023 3.

In that view of the matter, the Civil Application is disposed of directing that parties will be entitled to use the disputed way as a pathway and not as a cartway. ( ROHIT W. JOSHI, J. ) Rushikesh/2025