wp3100.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3100/2011 (Uttam Sonaji Dhandar vrs. Radhabai Mahadu Andhare) ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. S.U.Bhuyar, Adv for Petitioner None for the respondent. CORAM: R.K.DESHPANDE J. DATED: 20 th DECEMBER, 2011. This petition challenges the order dated 31.03.2009 passed by the learned Principal District Judge, Buldhana, rejecting the application for stay to the judgment and decree passed by the trial Court. The dispute was in relation to the right of way and the trial Court has decreed the suit. The appeal challenging the decree of the trial Court is pending. The appellate Court has prima facie observed that there is no alternate way available to the plaintiff and hence it has refused to grant stay to the judgment and decree passed by the trial Court. In view of the fact that there is already a decree passed by the trial Court and the appellate Court has wp3100.11.odt recorded the finding on prima facie assessment that there is no alternate way, no fault can be found with the order passed by the Appellate Court. The petition is, therefore, dismissed. JUDGE Rvjalit