2206caf298.09.sxw 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CAF NO. 298 OF 2009 IN FIRST APPEAL NO. 85 OF 2009 Smt. Sushilabai wd/o Manikrao Talwekar & others Vs. Sau. Anjanabai Deodhe & others Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt Neeta Jog, Advocate for the applicants. Mr. SA Kalbande, Adv. for respondent No. 1. Mr. AM Gedam, Adv. for respondents No. 7 & 8. Coram : A.H. Joshi, J. Dated : 22nd June, 2009. 1. Heard. 2. This is an application for stay of the decree passed against applicants who are defendants No. 1, 2 & 3. The sale deed executed by them is declared void and not in favour of defendant Nos. 4 and 5 binding to the plaintiffs/appellants. 3. Admittedly, they have parted with possession for suit property to the defendants No. 4 and 5. 4. Defendants No. 4 and 5 have not filed any appeal. 5. On the earlier date prior to Sumer vacation when the present application was listed, Advocate Shri Gedam for respondents No. 7 and 8 (defendants No. 4 and 5) sought for 2206caf298.09.sxw 2/2 time to file reply and had prayed for adjournment till today. 6. The application is opposed by the original plaintiff by filing reply, and by respondent Nos. 7 and 8 without reply. 7. In the reply filed by plaintiff they have averred that respondents No. 7 and 8 are actually in possession of the suit property and not the appellants. It is further urged that annual income from the suit land is Rs. 70,000/- to 80,000/- and plaintiffs are denied of the same. 8. The applicants, who are not in possession of the suit property, are not able to show that they shall suffer any hardship if interim stay is not granted during the pendency of the appeal. 9. In this situation, the applicants have no case for grant of interim relief. The application is therefore, calls for no indulgence and the same is rejected. 10. This Court directs in order to protect the interest of original defendants that in the event plaintiffs intend to alienate, encumber or otherwise dispose of the suit property, they shall give to the defendants clear fifteen days notice of their intention to do so. JUDGE wwl