: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.146 OF 2009 Shri Mhamud Ismail Kazi & Anr. ... Appellants V/s. Maimunna A. Ajit Pevekar ... Respondent Mr.A.B. Borkar for Appellants Mr.Sagar Joshi for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 24th JULY, 2009 P.C.: 1. The substantial question of law involved in this appeal is as follows: i) Whether the Courts below were justified in granting decree for injunction and mandatory injunction by holding the Plaintiff entitled to use right of way over the suit property acquired by easement by prescription without there being pleading or evidence to that effect? 2. Hence, the appeal is admitted. : 2 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.587 OF 2009 IN SECOND APPEAL NO.146 OF 2009 Shri Mhamud Ismail Kazi & Anr. ... Applicants V/s. Maimunna A. Ajit Pevekar ... Respondent Mr.A.B. Borkar for Applicants Mr.Sagar Joshi for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 24th JULY, 2009 P.C.: Mr.Borkar states that despite an interim order of this Court the wall has been demolished. He states that the appellant has already filed a contempt petition in this Court being Contempt Petition No.238 of 2009. In this view of the matter, nothing remains in the civil application is disposed of.