IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4123 OF 2008 L.K.Akiwate Industrial Co-operative Estate Ltd. ...Petitioner V/s. Chairman, Krishi Utpanna Bajar Samiti & Ors. ...Respondents ...... Mr.M.L.Patil for Petitioner. Mr.G.S.Godbole i/b Ms.Prajakta M.Arjunwadkar for Respondent No.1. Ms.S.S.Bhende, A.G.P. for Respondent No.3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 20, 2009. MARCH 20, 2009. MARCH 20, 2009. P.C. 1. Heard Counsel for the parties. 2. I am in agreement with the ultimate conclusion reached by the Court below that the parties will have to maintain status-quo in respect of the suit road as directed by the Supreme Court till hearing and final disposal of the Appeal. : 2 : 3. The argument of the Petitioner is that if request for allowing the Petitioner to construct tar road is to be rejected, the Petitioner could have been permitted at least to carry out nominal repairs of the road as and when required so as to maintain the road properly for beneficial user. The argument clearly overlooks the opinion recorded by the Trial Court, in particular, Paragraphs 64 and 65 and also while discussing additional issue No.6A. Keeping those findings reached by the Court below in mind and the view taken by the Appellate Court, no interference is warranted in this Writ Petition. The same is dismissed. 4. It will be open to the Petitioner to impress upon the Appellate Court to expedite the hearing of the Appeal, which request be considered appropriately by that Court. 5. Counsel for the Petitioner submits that in view of the observation in Paragraph 65, the liberty available to the Petitioner to carry out : 3 : repair after taking prior permission may be kept intact. The above observation in no way affect the said observation made by the Trial Court in Paragraph 65. The Petitioner is free to take out such application as may be advised before the Appeal Court to effectuate the observation in Paragraph 65 of the impugned order, which will be considered on its own merits in accordance with law. A.M.KHANWILKAR, J.