( 1 ) ca6427.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6427 OF 2010 IN SECOND APPEAL NO. 292 OF 2010 Rajabhau s/o. Sukhdeo Vairal .. Applicant Versus Ratanrao s/o. Yadavrao Kadam & Ors. .. Respondents Mr. V.D. Hon, Advocate for the applicant. Mr. P.B. Shirsath, Advocate for respondent Nos. 1 & 2. Mr. K.S. Bhore, Advocate for respondent Nos. 3, 5 to 8. CORAM : A.V. NIRGUDE, J. DATED : 30.08.2011 P.C. :- 1. The appellant moved this application for continuation of order of temporary injunction, which allowed him the use of land Gat No.120 belonging to respondent Nos.3 to 8 in exercise of his right of way. The appellant filed the suit for claiming his right of way through land Gat No.120. The Trial Court held that he was entitled to it and during the pendency of the trial, granted temporary injunction against respondent Nos.3 to 8 and prevented them from stopping the appellant’s use of their land as a way. The Trial Court ( 2 ) ca6427.10 decreed the suit and continued the injunction in the form of perpetual injunction. Despite this, respondent Nos. 3 to 8 did not file an appeal. On the other hand respondent Nos.1 & 2, who happened to be defendant Nos. 7 & 8, challenged the judgment and decree of the Trial Court before the Appellate Court and fortunately for respondent Nos.3 to 8 the appeal was allowed and the judgment and decree of perpetual injunction was set aside. However, during the pendency of the appeal the order of injunction in favour of the appellant was in force. The learned Judge of the First Appeal Court even after dismissal of the suit, continued the order of temporary injunction for a period of one month. During this one month, the appellant filed this appeal and secured continuation of the order of temporary injunction. 2. In this background, respondent Nos.3 to 8 cannot stop the Court from passing such an order because such order would continue the status-quo which prevailed during the pendency of the suit as well as during the appeal. On the other hand, if this order is not continued, the very purpose of filing of the appeal would come to an end. 3. The appeal is already admitted and now it will take its own turn for final hearing, but until the appeal is disposed of, the order passed by my learned Brother ( 3 ) ca6427.10 dated 30th April, 2011 shall continue till disposal of the appeal. The Civil Application, therefore, should succeed. The Civil Application is accordingly allowed and disposed of. [A.V. NIRGUDE, J.] snk/2011/AUG11/ca6427.10