1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.847 OF 2008 IN SECOND APPEAL NO.330 OF 2008 Arvind Balkrishna Kulkarni .. Appellant V/s. Mahadev Nivrutti Chivate & Ors. ..Respondents Mr.Rajesh S.Patil for the Appellant/Applicant. Mr.P.A.Pol i/b. Nagesh Chavan for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 22ND, 2008. P.C. By the above Civil Application, the Applicant who is the original Appellant prays for stay of the Judgment and decree passed by the Lower Appellate Court i.e. the learned District Judge, Sangli dated 29th February, 2008 in Regular Civil 2 Appeal No.57 of 2007. The said prayer was made on the premise that stay was operating in favour of the Defendants in the said Appeal however, after ascertaining the facts, Shri Rajesh Patil, the learned counsel appearing for the Appellant/Applicant states that infact status-quo as regards the subject matter of the said suit was operating during the pendency of the said Regular Civil Appeal No.57 of 2007, and in view thereof he fairly concedes that he is not claiming interim reliefs in terms of prayer clause “a”, but would be satisfied if the status-quo as was prevailing during the pendency of the Appeal in the Lower Appellate Court is continued. Shri Pol, the learned counsel appearing for the Respondents above named, does not dispute the said position. In view thereof, though no relief can be granted, to the Appellant/Applicant in terms of prayer clause “a”, the Status-quo as was prevailing during the pendency of the Regular Civil Appeal No.57 of 2007 3 in the Lower Appellate Court will operate pending the hearing and final disposal of the above Second Appeal. The Civil Application is made absolute to the aforesaid extent. 2. Considering the subject matter of the above Appeal and the issue therein as regards the user of a road, in my view, interest of justice would be served if the hearing of the above Second Appeal is expedited. [R.M.SAVANT, J.]