1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6233 OF 2009 Manohar Kulkarni ........ Petitioner versus Ashok Barde & ors ........Respondent. Mr. Sagar Joshi adv. for the Petitioner Mr. Umesh Mankapure adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 21st November, 2009. P. C.: 1. The present petitioner is the original plaintiff who instituted a suit for injunction. In the said suit an application for temporary injunction was moved seeking to restrain the defendant from causing obstruction to the approach road. The application was allowed by the trial court. However in a Misc. appeal preferred by the respondent, this order is reversed and the temporary injunction granted came to be vacated. Aggrieved thereby this writ petition came to be filed. Grievance of the preset petitioner is that the respondent has put up a fencing, blocking the approach road shown by dark black curve line denoted by letters A and B in a map drawn by the Commissioner which filed on page no. 21 of the compilation submitted by the respondent. On the last date of 2 hearing i.e. on 13-11-2009 the learned counsel for the respondent had categorically asserted that the approach road denoted by letters A and B has not been obstructed in any manner and no fencing is raised blocking the approach way. The learned counsel for the petitioner had sought time to ascertain the factual position. On instructions he does not dispute the fact that till date there is no obstruction to the access from the road denoted by letters A and B and submits that the statement of the learned counsel for the respondent be recorded that the respondent will not obstruct the approach from the road marked by letters A and B ( the road is marked by letters A and B in the copy of the map drawn by the Commissioner and placed on page 21 of the compilation filed by the respondent in this petition). The learned counsel for the respondent makes a statement on instructions from the respondent that the respondent will not obstruct the plaintiff’s approach and the approach of the students attending the school, pending the suit. Statement is accepted. In that view of the matter the petition stands disposed of. (A. P. Deshpande, J.)