1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 57 OF 2008 IN SECOND APPEAL NO. 29 of 2008 The State of Maharashtra & Ors. ... Appellants (Org.Defts.Nos.1 to 3) Vs. Talahi Gruh Nirman sahakari Sanstha Maryadit through the Chairman Shri Rangnath K. Ugare & Anr. ... Respondents Mr. V.S.Mhaispurkar, AGP, for the appellants. Mr. S.K.Shinde, i/b.Sagar Kasar, Advocate, for the respondents CORAM: J.H.BHATIA,J. DATE : 29th September, 2009. P.C. 1. Heard. 2. Second Appeal is admitted. The plaintiffs/respondents claimed right of way by necessity through the land of the defendant/appellant on the ground of admission made at the time of the award that they would be provided right of way. However, admittedly, to the eastern side of the property of the plaintiffs adjoining their land, there is a 60 feet wide Mashrul Road connecting that road. There is 100 feet wide D.P. Road running from east to west and then connecting Mashrul Road to Dindori Road. During the arguments before this court, the existence of that D.P.Road shown in the Map filed before this Court is not 2 disputed. As such, the plaintiffs have public road adjoining that property. In such circumstances, at present, there appears no necessity of way through the land of the defendant which is a Research Institute. 3. In such circumstances, the Application is allowed and the impugned decreed is hereby stayed pending the appeal. Application stands disposed of. 4. Request to stay this order is turned down. (J.H.BHATIA,J.)