1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1635 OF 2007 IN SECOND APPEAL NO. 903 OF 2007 Prakash Rajaram Aadiwarekar & ors........Applicants versus Anil Vitthal Thakurdesai & ors........ Respondents. Mr. K.S. Patil i/b Shriram S. Redij adv. for the Applicants Ms. Kavita Jadhav i/b V.S. Paradkar adv. for the respondents2 and 3. CORAM: A. P. DESHPANDE, J. DATED : 6th MARCH, 2009. P.C.: . 1. Heard. The present applicants/appellants instituted a suit claiming a right of way from the respondent field. The trial court decreed the suit. However in an appeal preferred by the respondent, the judgment and decree passed by the trial court has been reversed and agrreived thereby the appellant has preferred the present second appeal. 2. A categorical statement is made by the learned counsel for the applicant/appellant and it is also substantiated by the affidavit filed on behalf of the appellant that during pendency of the first appeal there was no stay to the judgment and decree passed by the trial court granting a right of way. It is further 2 stated that in the present appeal as well, status quo has been granted and the same is operating and the appellant is using the approach way. In that view of the matter the present application is allowed and rule is made absolute in terms of prayer clause (a) . Application is thus disposed of. (A. P. DESHPANDE, J.)