1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11686 OF 2008 IN S.A. NO. 814 OF 2008 Dangal Kalu Patil deceased through Lrs. And others ..Applicant. Versus Hanumant Shahadu Patil and another ..Respondents. WITH CIVIL APPLICATION NO. 11695 OF 2008 IN S.A. NO. 820 OF 2008 Mandabai @ Mandodarabai Dangal Patil ..Applicants. And others v e r s u s Hanumant Shahadu Patil and another. ..Respondents. Shri Rane, Advocate for applicant. Shri Rajesh Pardeshi , advocate h/f Shri S.V. Gangapurwala for the resp. CORAM: R.M.BORDE, J. DATE : 31st July, 2009. P.C .:- 1. Heard Shri Girish Rane, counsel appearing for the applicants. The applicants herein were plaintiffs in RCS No. 219/1995. By virtue of injunction order granted in their favour, the defendants/respondents herein were permanently restrained from causing obstruction and interference to the plaintiffs from taking well water for the purpose of irrigating his land in gat No.21 admeasuring 0.91R. However, while dealing RCS No.215/1995 presented by the respondents 2 herein, the trial court clamped injunction order against the applicant/plaintiff restraining him from taking the well water to their field gat No.22 and 23. The arrangement as directed by the trial court in respect of taking well water by the respective parties remained operative during the continuance of first appeal. 2. An order to that effect was passed by the first Appellate Court, directing the parties to maintain status quo for carrying with the arrangements as directed by the trial court while disposing the suit on 21.10.2004. In my view the arrangement as directed by the trial Court is just and proper and the parties shall adhere to arrangement as mandated by the trial Court. In this view of the matter, during pendency and final disposal of the appeal, the applicants herein be permitted to take well water for irrigating his land in gat No.21 to the extent of 0.91 aare and respondents shall not cause interference to the applicants/plaintiffs in taking well water for purpose of irrigation his land gat No.21. However, the applicants shall not take well water for irrigating his land gat No.22 and 23. 3. The parties shall adhere to be arrangement as directed by above. In this view of the matter, no further order is necessary. 4. Both the civil applications stands disposed of. (R.M.BORDE) JUDGE ******* aaa/ 11686,11695.08