IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3443 OF 2008 IN FIRST APPEAL NO.1428 OF 2008 The State of Maharashtra & Ors ..... Appellants V/s. Jai Nagar Co-op. Hsg. Soc. Ltd. & Anr. .....Respondents Ms.Geeta Mulekar, A.G.P., for the Appellant. Mr.Girish S. Godbole, for respondents. CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 29TH SEPTEMBER, 2008. P.C. 1. By this civil application, the applicants have prayed that during the pendency of the appeal, the execution of the decree passed by the Trial Court in Special Civil Suit no.1240 of 2004 be stayed. The present respondents are the original plaintiff of Special Civil Suit No.1240 of 2004. The said suit was filed for declaration/injunction on the ground that the plaintiffs using land in question since long and they have easementary rights in this behalf, as according to the plaintiffs, there is no alternative way by which they can approach to their spot. 2. During the course of the hearing, it is pointed out that at the time when the suit was pending, there was already injunction in favour of original plaintiffs. Considering the said aspect, when there was already interim injunction in favour of plaintiff and when suit is already decreed in their favour by considering the evidence on record, the decree of the trial Court is not required to be stayed. 3. The learned A.G.P. however, submitted that the appellants are ready to provide alternate way to the respondents to leave their hardship and difficulty. Considering the said aspect, while rejecting the civil application, in view of what is stated above, the first appeal to be listed on 21-10-2008 under the settlement caption. The parties to place terms of the settlement before the Court on the aforesaid date. The learned A.G.P. states that she has made submission after taking instructions from the concerned Officers who are present before the Court. The Civil application accordingly stands disposed of. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )