- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION SECOND APPEAL NO.369 OF 2009 Smt Manisha Mahendra Gala & ors ... Appellants vs Smt Shalini Bhagwan Avatramani & ors .. Respondents Mr.G.S.Godbole with Mr.P.K.Shroff with Mr.Himanshu Majahan with Mr.D.V.Deokar i,b Pariman Shroff & Co for Appellants. Mr.R.A.Dada, Sr.counsel with Ms. Mohana Nair i,b JMB Partners for Respondent nos. 1 to 4. CORAM: R.V.MORE,J DATED: October 1st, 2009 P.C. 1. The appellants are the original defendant nos. 1 to 3 and respondents are original plaintiffs. The suit was filed for a declaration and for a perpetual injunction restraining the appellants/defendants from obstructing the plaintiff’s possession over the suit property situate at Mouje Korlai Taluka Murud. The respondents/plaintiffs contended that they have purchased the suit property bearing survey no.57/13-A1/1 and no person including the appellants/defendants was having right of way through the suit property. It was further contended that the appellants/defendants with the help of labourers have started preparing pucca road through the property - 2 - purchased by the respondents and therefore they were constrained to file the present suit for the reliefs mentioned above. 2. The appellants by filing the written statement contested the suit by claiming that they have a right of passing and re-passing through the suit property by way of easement of prescription and necessity. The trial Court dismissed the respondent’s suit. The respondents thereafter approached the District Court and filed an appeal. The District Court by the impugned judgment and order allowed the said appeal and decreed the respondent’s suit and therefore the present appeal. 3. While disposing of a companion Second Appeal No.305 of 2009 filed by the appellants, I have already held that the appellants could not prove their right of way from the property bearing survey no.57/13-A1/1 either by way of prescription or necessity. By the impugned judgment and order the lower Court also found that the respondents have proved that the appellants have no right of way over the suit property namely survey no. 57/13- A1/1. In that view of the matter, this appeal is devoid of any substance and is accordingly dismissed. R.V.More. J - 3 -