mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5674 OF 2008 IN FIRST APPEAL NO. 1833 of 2008 The Board of Trustees of the Port of Bombay .. Appellant versus Hind Automobiles .. Respondent ... Mr.U.J. Makhija i/b M/s.Mulla & Mulla for the applicant. Ms.Alpana Ghone i/b S.G. Lakhani for the respondent. CORAM : D.G. KARNIK, J DATED : 4th December 2008 P.C.: 1. Heard both sides. 2. By this application, the appellant (original defendant) prays for stay of the operation of impugned order. By the impugned order the trial court issued a mandatory injunction directing the applicant to fill up the ditches and trenches so as to enable the respondent to use the suit road. 3. The suit road belongs to the appellant. The suit property also belongs to the appellant and the respondent claims to be a licensee of a lessee of the appellant. The respondent claims that he is entitled to use the suit right by way of easement (of prescription). In Chapsibhai Dhanjibhai Dand Vs. Purushottam reported in AIR 1971 SC 1878, the Supreme Court has held that a lessee cannot claim easementary right against the lessor. In my view, therefore, a person who is claiming under a lessee also cannot claim an easementary right against the lessor. Therefore, the respondent cannot have any easementary right to use the suit road. The respondent cannot therefore seek a mandatory injunction to fill up ditches and trenches which prevent him from using the suit road. 4. Civil Application is accordingly allowed in terms of prayer clause (a). 5. Learned counsel for the respondent prays for a stay of the operation of this order or an order directing the parties to maintain status quo for some time to enable the respondent to approach the appellate court. I direct the parties to maintain status quo for a period of two weeks. 6. Ordered accordingly. (D.G. KARNIK, J)