1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5662 OF 2010 IN SECOND APPEAL STAMP NO. 266 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Rathi, Advocate for applicant. Mr. H.V.Patil, Advocate for resp. no. 1 & 2. ............................ CORAM : S.V. GANGAPURWALA, J. DATE: 09/09/2010 PER COURT : 1. This is an application for stay of the impugned Judgment and Decree. The impugned Judgment and Decree directs the present appellant to deliver the possession. The Second Appeal is admitted. 2. Mr. Patil, the learned counsel for the respondent opposed the application. He has also filed affidavit in reply contending that the applicant has no case on merits. According to him, the part of the house of the appellant is in the premises of the school and submits that the stay should not be granted. 3. The matter would be required to be 2 adjudicated finally. As the decree is for possession, the impugned Judgment and Decree is required to be stayed. 4. In the result, the Civil Application is allowed in terms of prayer clause ‘ B ’. The appellant shall not alienate or change the nature of the suit property. [ S.V. GANGAPURWALA, J. ] knp/ CA 5662.10 in SA 266.2010