1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 890 OF 2008 WITH CIVIL APPLICATION NO. 1067 OF 2008 IN APPEAL FROM ORDER NO. 890 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court's orders or Court' s or Judge's orders directions and Registrar's orders Mr.V.S.Kapse, adv.for appellant. Mr.V.A.Thorat i/by. Mr. R.A.Thorat, adv.for respondent. Coram: Smt.R.P.SondurBaldota J. Dated : 2 nd September, 2008. P.C. : 1. The Appeal is preferred against the order dated 8th July, 2008 by which the appellant was denied ad-interim injunction to restrain the respondent from using 9.15 mts wide road as right of way to their property. There is no dispute that the occupants of 2 building on C.T.S.No.1255 had an access over the road for their property. It is however alleged, that the access available earlier was a very small road and not of the width of 9.15 mts. The appellant is one of the co-owners of his property. The co-owners who have a share to the extent of 75% have granted rights to the respondents of passage over the very road. In these circumstances, the trial court has rightly rejected the application for ad-interim reliefs. Hence, the appeal from Order is dismissed in limine. 2. With the dismissal of the Appeal, Civil Application does not survive and the same is disposed off accordingly. [JUDGE]