SRJ 1 fa-1079-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1079 OF 2010 IN CROSS OBECTION (ST.)NO.16176 OF 1993 IN SECOND APPEAL NO.708 OF 1992 Hirabai L.Mane & Others .. Applicants. V/s. Prataprao B. Patil .. Respondent. Shri S.G.Deshmukh, for Applicants. Shri Umesh Mankapure, for Respondent. CORAM : R.G.KETKAR, J. DATE : JULY 22,2010. P.C.:- Not on board. Mentioned due to urgency. 1. This Cross Objections are preferred by the original Defendants against the judgment and decree dated 14th August, 1992 in so far as directing them to hand over the possession of properties mentioned at Sr. Nos.2 & 3 in para 1 of the Plaint in Regular Civil Suit No.91 of 1974. This Cross Objections are filed in Second Appeal No.708 of 1992 preferred by the original Plaintiff in so far as refusal of the decree of handing over the possession of the properties mentioned at Sr.No.1 in para 1 of the SRJ 2 fa-1079-10.sxw Plaint in Regular Civil Suit No.91 of 1974. Second Appeal is admitted and is pending for hearing and final disposal. Like wise, Cross Objections are also pending for hearing and final disposal. 2. This application is taken out, seeking stay of the execution of judgment and decree dated 14.08.1992 passed by the learned Additional District Judge, Sangli in Regular Civil Appeal No.301 of 1985, in so far as, directing the Applicants to hand over the possession of properties at Sr. Nos.2 & 3 of the para 1 of the Plaint. The Applicants further seek order of injunction, restraining Respondent/Original Plaintiff from interfering with their peaceful possession of the suit properties i.e. Sr.Nos.2 & 3, pending during pendency of Second Appeal No. 708 of 1992 and the Cross Objections. 3. After hearing learned counsel for the respective parties, I find just and convenient to grant stay to the directions given by the learned Additional District Judge, Sangli for handing over possession of the properties mentioned at Sr. Nos.2 & 3 in para 1 of the plaint, during pendency, of the Second Appeal and the Cross Objections subject to the condition that Applicants will not create third party interest in the suit properties during pendency of the Second Appeal as well as Cross Objections. 4. In view of the grant of stay in terms of prayer clause (a) of the application, the prayer (b) need not be considered. Civil Application is allowed in terms of prayer clause (a) with no order as to costs. SRJ 3 fa-1079-10.sxw 5. Having regard to the fact that the Second Appeal is of the year 1992, list the Second Appeal for final hearing from the weeks commencing from 9th August, 2010. (R.G.KETKAR,J.)