1541­fa461­09 1 Spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1541 OF 2009 IN SECOND APPEAL NO. 461 OF 2009 Shri Maruti Lahu Awale ... Applicant/Appellant. Versus Genaba Santu Kamble, since deceased : Appaso Genaba Kamble & Ors. ... Respondents --- Mr. A.Y. Sakhare i/by M/s. Y.K.S.Legal for the Applicant/ Appellant. Mr. S.M. Mirajkar for the Respondents. --- CORAM : B.R. GAVAI, J. DATED : 24th AUGUST, 2010. P.C.: 1 By way of preset civil application, the applicant prays for an order of injunction, restraining the respondents from disturbing with the possession of the applicant/ appellant. 2 Mr. A.Y.Sakhare, the learned counsel appearing for the applicant submits that since the plaintiff has lawfully purchased the property from Vijaykumar, the son of the original landlord Balwant and since the order of injunction was operating during the pendency of the suit and appeal, it is necessary in the interest of justice that the order of 1541­fa461­09 2 injunction should be continued during the pendency of the present appeal. 3 Mr.Mirajkar, the learned counsel for the Respondents vehemently opposed the prayer. He submits that the applicant has lost concurrently before the trial court and the appellate court as well and as such the appellant is not entitled for an order of injunction. 4 Though an order of injunction was operating during the pendency of the suit and appeal, both the courts below have concurrently held that the appellant was not entitled for relief claimed in the suit. The appellate court has also relied on the report of the court commissioner, where in it has been found that the applicant/appellant is not in possession of the suit premises. 5 Finding that the question of law arose for consideration in the second appeal, this court has already admitted the second appeal on the question as to whether the courts below have correctly interpreted the sale deeds executed by Vijakumarl, son of Balwant in favour of the appellant and by Balwant in favour of the respondents. In that view of the matter, I am inclined to dispose of this civil application by following order : ORDER i. The parties shall maintain status-quo of possession during the pendency of the appeal. 1541­fa461­09 3 ii. The respondents shall not create any third party interest insofar as suit land is concerned. However, it is made clear that the respondents are at liberty for full enjoyment of the 2R of land which has been conveyed to him by Balwant in accordance with the sale deed dated 4th April, 1985 and they would be free to deal with the said property in the manner they like. (B.R. GAVAI, J.) .....