(1) CA. 8868.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8868 OF 2007 IN SECOND APPEAL NO. 606 OF 2007 Gunwant S/o Shrimant Landge .. Applicant VERSUS Vasant S/o Pandharinath Salunke .. Respondent Mr. R.P. Bhumkar, Advocate for the applicant Mr. M.P. Gude, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 12TH AUGUST, 2009 ORAL ORDER:- 1] The Civil application is filed seeking temporary injunction restraining the respondent from obstructing the appellant/applicant from using the disputed cart-way which used to run through the land of the respondent gat no. 309. 2] The lower appellate Court has held that for last 16-17 years, this cart-way is not in use and the area is mostly utilised by the respondent for taking crops. It is thus, held that the respondent has encroached on the area, where the old cart-way used to exist. In view of this finding recorded by (2) CA. 8868.2007 the lower Court on facts, there can not be an order of temporary injunction passed in favour of the appellant/applicant to prevent the land user, which hitherto was used as road. 3] The Civil application stands rejected. Earlier order of stay is vacated. Sd/- (A.V. NIRGUDE, J.) arp