1 wp-8840.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8840 OF 2011 Baburao Shivappa Gauraj & ors. : Petitioners versus Sukumar Shripal Gauraj and ors. : Respondents. Mr. D V Sutar for the Petitioners Mrs. Varsha Palav i/by The Laureate for the Respondent Nos. 1 and 2. CORAM : R M SAVANT, J. DATE : 09th December 2011 P.C. 1 There is a concurrent finding recorded by both the Courts below that the Petitioners are not entitled to the injunction as prayed for. The reasons can be seen from the order of the trial Court rejecting the application for temporary injunction and the order of the First Appellate Court whilstrejecting the application for stay, pending appeal. It appears that the Respondents herein have put up a construction after obtaining permission from the Grampanchayat, though the said construction has been questioned on various grounds by the Petitioners. It is further required to be noted that the Appellate Court has also observed that though the construction has been put up by the Defendants i.e. the Respondents herein, the Plaintiffs have a way and the access has not been stopped on account of the construction. The First Appellate Court therefore did not deem it fit to grant any stay, pending appeal. 2 wp-8840.11.sxw 2 In my view, the reasons mentioned by the First Appellate Court for refusing the stay cannot be faulted with. No case for interference is therefore made out. The above Writ Petition is accordingly dismissed. However, the First Appellate Court is directed to hear and decide the Appeal latest by 31st May 2012. The Petitioner to make compliance in respect of the paper book etc as expeditiously as possible. [R.M.SAVANT, J]