IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.980 OF 2009 IN A.O.NO.520 OF 2007 Roshni CHS Ltd. ..Applicants. Vs. HPCL and ors. ..Respondents Mr.N.Dinkar Rao for the Applicant. Mr.M. Sitodia i/by Rustamji & Ginwala for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 18/9/2009 PC: 1 This is a civil application for continuation of ad interim order which was operating on 30.11.2007. I have perused the record. The present applicants have right of way through the petrol pump tank. The record clearly indicates that petrol pump tank has been put up by the defendant No.1 below the area on which the plaintiff claims right of way. It is clearly mentioned in the impugned order that the said area is now covered with paver blocks. Clearly therefore, right of way can be availed of, if available. In this background, passing of an order staying petrol tank being made operational, in my view, is improper and cannot be passed. Hence, civil application is rejected. It is made clear that, any apparatus for pulling out the petrol from the tank will not be put up on the disputed area in respect of which plaintiff seeks injunction. (R.S. MOHITE, J.)