1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.966 of 2007 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.Mohan D. Naik, advocate, for the appellants None for the respondents CORAM : A.S.OKA, J. DATE : 27TH MARCH,2008 P.C. . Heard the advocate appearing for the appellants. The Second Appeal is admitted on the following substantial questions of law. (i) Whether the Appellate Court has committed an error by holding that the right of way allegedly claimed by the first respondent was by way of 2 grant when the finding of the Trial Court recorded in favour of the said respondent was that the first respondent has acquired right of way by way of easement of necessity ? (ii) Whether the Appellate Court could have recorded the finding regarding existence of grant in as much as the plea of the first respondent was of the acquisition of right of way was by way of easement of necessity or in the alternative by way of prescription ? (iii) Whether the Appellate Court could have recorded the finding regarding the existence of grant in favour of the 1st respondent in an appeal preferred by the present appellant when there 3 was no challenge to the decree passed by the Courts below by the concerned respondent ? 2. Printing is dispensed with. Private paperbook to be filed within a period of one year from today failing which the appeal will stand dismissed for non-prosecution without further reference to the Court. (A.S.OKA, J.)