1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.370 of 2009 with C.A.No. 4470/2008 In F.A.No.1972/2008 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned counsel. 2. The application is for modification of the order whereby statusquo position was directed to be maintained in respect of the suit property. 3. Mr.Chapalgaonkar, learned advocate submits that as per observations of the trial Court, one room, which was being used as a kitchen, is required to be restored to the applicant i.e. Respondent. 4. Redelivery of such part of the property is not proper, without examining the merits of the matter inasmuch as it may amount to grant of final decree. Therefore, the application is disallowed but the First Appeal is expedited for final hearing and the same is scheduled on 9.12.2009 for final hearing. 5. The paper book is dispensed with. (V.R.KINGAONKAR,J.) Dt.04.11.2009. asp/office/Ca370.09