1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8733 OF 2007 IN SECOND APPEAL NO. 28 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 22/10/2010 PER COURT : 1. Heard Mr. A.N.Nagargoje, the learned counsel for the applicant, Mr. P.F. Patni, Mr. A.D. Kasliwal and Mr. K.D. Bade Patil,the learned counsels for the non applicants. 2. The present application is for leave to Appeal against the Judgment and Decree dated 5/10/2005 passed by the District Judge – 5, Aurangabad in R.C.A. Nos. 388 of 2005 and 151 of 2006. Vide the impugned judgment and Decree, the lower appellate Court has modified the decree in as much as vide clause ‘ A ’ of the operative order, the lower appellate Court has directed the Municipal Corporation to construct the road in between the plots in Vijaynagar and Vidyanagar lay out of 4 Meters width. The applicants claim to be the owners of plot of lay out of Vidyanagar. Being 2 the plot holder, the right of the present applicant also would be affected. The interest of the present applicant is also involved. 3. In light of the same, prima facie as the right, title and interest of the present applicant is also affected, the present applicant is also having right to file Appeal. 4. In light of the same, the present Civil Application is allowed and the applicant is permitted to file Appeal against the impugned Judgment and Decree passed in R.C.A. Nos. 388 of 2005 and 151 of 2006. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 8733.07 in SA 28.07