1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1262 OF 2010 Balerao s/o Khanderao Khandagale and another ... PETITIONERS VERSUS Shankar s/o Girjaram Ubale and others ... RESPONDENTS ..... Shri G.M. Shingare, Advocate holding for Shri N.L. Jadhav, Advocate for the petitioner Shri P.F. Patni, Advocate for respondent No.1-absent Mrs. V.G. Shelke, A.G.P. for respondent No.5. ..... CORAM: K.U. CHANDIWAL, J. DATE : 29th September, 2010. PER COURT: 1. Heard. The grant of injunction below Exh. 5 by learned Civil Judge, Senior Division, Aurangabad was tested in Misc. Civil Appeal No.179/2009. The learned District Judge-3, Aurangabad, by his order dated 7.12.2009, dismissed the appeal, confirming the order below Exh.5 in Special Civil Suit No.88/2009. Considering the peculiar facts, as it is informed, evidence is commenced, the matter involves disputed questions of facts, there is no merit in the Writ Petition. However, the Writ Petition, as it dwells upon the existence of rights to a way and whether alternate access is available or not, 2 keeping the issues open, learned Judge seized with the matter, will ensure to complete the trial within three months from receiving communication. Writ Petition dismissed with no costs. (K.U. CHANDIWAL) JUDGE fmp/wp1262.10