1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 985 OF 2005 Office notes, office memoranda of Corum, appearances, Court’s orders or directions and Registrar’s orders. Court’s Judge’s orders. 1. Heard Shri. A.R.Kale, counsel holding for Shri. S.Y. Mahajan counsel appearing for Appellant. The appellant claims that he has right of way by easement of necessity. According to him, the right is against Gram Panchayat, who is owner of property but not added as party. Before grant of injunction, it will have to be decided whether the plaintiff/appellant has right of easement of way. The learned counsel for appellant wants to 2 withdraw the Second Appeal, so also the original Suit with permission to file fresh Suit for necessary declaration and injunction. Leave granted in the facts and circumstances of the case to file fresh Suit on the same cause of action, subject to law of limitation. Appeal is disposed of accordingly. DATE : 30/06/2009 [ P.R. BORKAR ] JUDGE knp/SA985.05 3 4 5 6 7 8 9 10 11 12