1 SA 624.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 624 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V.GANGAPURWALA, J. DATE : 10/12/2010 PER COURT : 1. This is plaintiff’s Second Appeal. 2. The plaintiff had filed Suit for injunction in respect of stair case and lane contending that he is tenant inducted by Prabhakar and if the said lane and stair case is not allowed to be used, then he would not have any access to the road. The trial Court dismissed the Suit. The plaintiff preferred Appeal. The appellate Court also dismissed the Appeal. The plaintiff has assailed the said Judgment in the present Appeal. 3. Mr. S.K.Shinde, learned counsel for the appellant submitted that the properties are owned by brothers. The present appellant is 2 SA 624.10 inducted as tenant by Prabhakar. In fact, it is the case of necessity. The appellant is ever ready to use the lane and stair case as initially it was the part of one property itself. The said right could not have been negatived by the Courts below. 4. With the assistance of the learned counsel, I have gone through the Judgments. 5. The Courts have considered that the lane and the stair case is part of CTS No. 2458-A which is allotted to Madhav. The said right to used the lane and the stair case is available to the brothers but can not be the subject matter of transfer. 6. Even the earlier Suit filed by the present plaintiff against Prabhakar is dismissed. The same was in respect of restoration of essential supplies to the tenanted premises. 7. In light of the concurrent findings of fact, the Second Appeal being sans substantial question of law is dismissed, however, with no order as to costs. 8. In view of dismissal of Second Appeal, the Civil Application does not survive and as 3 SA 624.10 such disposed of. [ S.V. GANGAPURWALA ] JUDGE knp/SA 624.10