1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 751 OF 2002 WITH CIVIL APPLICATION NO. 1048 OF 2002 Ramchandra Ganu Mandale .. Appellant Vs. Dattu Ganu Jadhav & Ors. .. Respondents. Mr. A.H. Gajbhiye i/b S.D. Dharmadhikari for the appellant. Mr. P.D. Pise i/b Ms. A.R.S. Baxi for respondent Nos. 1 to 5 & 7. CORAM : J.H. BHATIA,J. DATE : 6th October, 2009. P.C. 01. Plaintiffs filed Regular Civil Suit No. 288 of 1993 for perpetual injunction restraining the defendant-appellant from causing any obstruction in the right of way through the land of the defendant. According the plaintiffs, they had filed proceeding before Tahasildar for declaration of the right of way through the land of the defendant. The defendant had made statement that he would not make any obstruction. In spite of that, he obstructed the way and therefore the plaintiffs were required to file the suit. The defendant contested the suit denying the right. However, after hearing the parties, the Trial Court decreed the suit against the defendant. The defendant preferred Regular Civil Appeal No. 313 of 1995. That appeal was partly allowed. 2 While the right of the plaintiffs was confirmed, the width of passage was restricted at 10 feet as shown in the map. Being not satisfied, the defendant has preferred the present appeal. 02. The learned Counsel for the respondents points out that the defendant-appellant had filed another suit against some other land owners, who had also prayed similar right, from restraining them from using the land of the defendant as passage. That suit was dismissed and his first appeal against that judgment was also dismissed. The learned counsel appearing for the defendant states that, against that judgment no Second Appeal has been preferred and thus, the said Judgment has become final. The learned Counsel for the respondents contends that, in view of this the present appeal does not survive. Besides, no substantial question of law is raised in the present appeal. 03. Therefore, the appeal stands dismissed. 04. As the appeal itself is dismissed, Civil Application No. 1048 of 2002 for stay does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)