Dismissed
Chandrashekhar Shankar Shevade v. Mohan Krishna Shevade and Ors.
Bombay HCSA/866/2005
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HIGH COURT OF JUDICATURE AT BOMBAYIN THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
SECOND APPEAL NO. 866 OF 2005
Chandrashekhar Shankar Shevade.... Petitioner
versus
Mohan Krishna Shevade & ors...... Respondent.
Shri Arun Palekar for the petitioner
CORAM; A.P. DESHPANDE, J.
DATED; 16TH JULY, 2007
P.C.;
1. The second appeal is filed against the judgment
and decree passed by the first appellate court
dismissing the appeal of the original plaintiff whose
suit was dismissed. The plaintiff claimed a right of
way through the property of the defendant for fetching
water from a well. The plaintiff had claimed a right
of way by prescription. Both the courts have held
that there is absolutely no documentary evidence
placed on record indicating any right of way, which
right would be usually reflected in revenue records.
2. Perused the judgment of the first appellate court.
The same does not call for any interference in the
second appeal. No substantial question of law emerges
for consideration. Hence the second appeal is
summarily dismissed.
Chandrashekhar Shankar Shevade
Mohan Krishna Shevade
A.P. Deshpande
As recorded by the court registry
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