0203sa37.10.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO. 37 OF 2010 AND C. A. NO. 7980/2008 IN S.A., NO. 37 OF 2010 (Raghunath Vithoba Bande Vs. Mahadeo Jago Gothe & 5 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. A. S. Jibhkate, Advocate for the appellant. Mr. G. G. Bade, Advocate for the respondents. C ORAM : F. M. REIS, J. DATED : 2nd March, 2010. Heard. Admit on the following substantial questions of law: (1)Whether the respondent is entitled to claim easementry right of necessity having a width of 3.00 ft. over the property of the appellant on the basis of the sale deed Exh. 48 when admittedly the vendor of the respondent was not the owner of the portion of the land through which the respondent is claiming his easementry right. (2)Whether the Courts below came to a perverse finding of facts to the effect that the appellant had breached the condition of the license issued by the Gram Panchayat when on the contrary the claim of the appellant was that he was putting the construction on the basis of the deemed permission. 0203sa37.10.odt The learned Counsel for the respondents states that the respondents No. 1 & 2 are senior citizens and seeks for expeditious disposal of the appeal. Liberty is granted to the respondents to file appropriate application after the appeal is ripe for final hearing. C. A. NO. 7980/2008 Heard. The learned Counsel for the respondent has no objection if the order of status quo is granted by this Court. In the facts and circumstances of the case, the parties are directed to maintain status quo till the disposal of the appeal. C. A. is disposed of accordingly. JUDGE wwl