Ndm 1 ao.867.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 867 OF 2009 M/s. Moraj Finanz Pvt. Ltd. ... APPELLANT Vs. Shri. Gagan Shivkumar Joshi and ors. ... RESPONDENTS ----- Mr. Prasin Samdhani, Senior Counsel a/w Farid Karachiwala & Bhasik Manik, Advocate i/b Wadia Ghandy and Company for Appellant. Mr. V.B.Nagrani, Advocate i/b S.V.Marne Advocate for Respondent No.2. ----- CORAM : R.S. MOHITE, J. DATE : 27th August, 2009. P.C. 1 Heard both Sides. This Appeal from Order filed against an interim orders dated 21 st July, 2009 and 19 th August, 2009. By the first order, the trial Court has granted a status-quo on the Plaintiff’s application at Exhibit-15. The second order dated 19 th August, 2009 is passed on an application at Exhibit – 18 seeking extension of status-quo filed by the Plaintiff. I find from the record that the Plaintiff is contending that the Defendant No.1 has encroached upon 3 meters of a public way to which he is entitled to be use. Assuming this to be the cause-of-action, prima facie, the Plaintiff cannot seek an injunction against construction on the property, which admittedly belongs to Defendant No.1. Ndm 2 ao.867.09.sxw Hence appeal is admitted. R.S. MOHITE, J. CIVIL APPLICATIO NO. 1065 of 2009 P.C. 1 Heard both sides. 2 By separate reasoned order appeal has been admitted. There will be an interim relief in terms of prayer clause (a). It is made clear that the admission of the appeal will be prejudice the trial. Civil Application stands disposed of. R.S. MOHITE, J.