ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 568 OF 2004 APPLICATION NO. 568 OF 2004 APPLICATION NO. 568 OF 2004 IN IN IN SECOND SECOND SECOND APPEAL NO. 790 OF APPEAL NO. 790 OF APPEAL NO. 790 OF 2007 2007 2007 Dagadu Rama Jadhav (Since deceased through his Legal heirs) ...Applicants. Vs. Atmaram Shripati Yadav & Ors. ...Respondents. Mr.Dilip Bodke for the Applicants. Mr.P.B.Gujar for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 2nd July, 2008 : 2nd July, 2008 : 2nd July, 2008. P.C.:- P.C.:- P.C.:- . Considering the averments made and as this Court has already granted interim order, not to execute the decree for possession and as Appellants are in possession of the suit property and as the Second Appeal is allowed and remanded back, pending the appeal before the District Judge, Satara, the order dated 29th February, 2008 passed by this Court shall continue till the decision of the Appeal. 2. However, the Appellate Court is at liberty to pass appropriate order if application moved by the Appellant for modification of interim relief. 3. The Civil Application is allowed in terms of prayer clause (a). ( 2 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)