1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2485 OF 2009 Shri. Gangadhar Pandurang Avhad .. Petitioner Vs Shri. Vishnu Murlidhar Sangale .. Respondent M.S. Karnik for the petitioner Mr. S.G. Shirsat i/b R.M. Kharat for the respondent CORAM : SMT. NISHITA MHATRE, J. DATED : 16 th JULY, 2009 P.C.: 1. The petitioner challenges the order passed by the Sub- Divisional Officer, Nasik on 16th March, 2007 in a dispute between the petitioner and the respondent herein. The issue was with respect to the road which led through the field of the petitioner and which was being used by the respondent. The Sub-Divisional Officer has concluded there was an existing road. In the meantime, the petitioner has also filed in the year 2007, Civil suit being RCS 50 of 2007 before the Joint Civil Judge, Junior Division, Nasik Court for redressal of his grievance for a declaration and injunction against the respondent for using the road. 2 2. In view of pendency of the suit, the rights of the parties would be decided by the Civil Court in RCS NO.50 of 2007. The order passed by the Sub-Divisional Officer would be subject to the result in the aforesaid suit. The petition is disposed of accordingly. .......