FARAD CONTINUATION SHEET 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 WRIT PETITION NO. 1845 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.G.S.Godbole, Adv. for the petitioners. Mr.D.M.Gupte, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 24TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The Trial court has passed the following Decree in favour of the present petitioner, who is the plaintiff :- " O R D E R 1. Suit is hereby decreed with costs. 2. Plaintiff is hereby declared as owner and possessor over the suit property. 3. Defendant shall not interfere and obstruct into the peaceful possession over the suit property. 4. Decree be drawn accordingly. " 2. The Respondent Plaintiff appealed from this Decree. The Civil Appeal is pending. He applied for stay and the stay is granted in the following terms :- :2: :2: :2: " ORDER (1) The application is allowed. (2) The execution and operation of the Judgment and Decree passed in Regular Civil Suit No.113 of 2004 by the Learned Civil Judge, Junior Division, Ghodegaon, is hereby stayed pending the decison of this appeal. (3) Inform the trial court, accordingly. " 3. Resultantly the order directing that the Respondent is permanently restrained from disturbing the possession of the present petitioner in the suit property, is stayed. The petitioner therefore rightly apprehends that the Respondent-defendant taking advantage of this inter-locutory order of the lower Appellate Court will disturb his physical possession, which is found to be prima-facie proved. 4. To my mind, there was no occasion to go into all details and stay such a Decree. Even if there was any apprehension of the present :3: :3: :3: respondent-Original Appellant, that could be taken care of by making suitable interim orders and imposing conditions. In such circumstances, the order of the lower Appellate Court is set aside and substituted by that of Status-Quo. In other words, pending the disposal of the subject Civil Appeal, both sides shall maintain status-quo as prevailing today, in respect of the suit properties. All contentions are kept open. The Reg.Civil Appeal to be decided uninfluenced by the observations in the impugned order. Petition disposed off in the above terms. No costs. *******