C.A.No. 9512/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9512 OF 2011 IN FIRST APPEAL NO.840 OF 2009 Hirabai w/o Rakhmaji Gaikwad ..Applicant Versus The State of Maharashtra and ors. ..Respondents Mr S.S.Kazi, Advocate for applicant Mrs V.A.Shinde, A.G.P. for respondent No.1 to 3 Mr L.V.Sangit, Advocate for respondents 4 to 6 Mr C.R.Thorat, Advocate for respondent No.7 absent CORAM : MRS MRIDULA BHATKAR, J. DATE : 13th September 2011 PER COURT 1. Application is pressed by the appellant, i.e. original plaintiff praying that pending hearing and final disposal of the appeal, respondents 4 to 6 should not dispossess the appellant and they should not interfere the peaceful possession of the appellant over the suit property. 2. The suit was filed for declaration and injunction was sought that the defendants should be restrained from recording their name by way of mutation in the record of rights. Thus, the prayer which is made in the present application was not a relief sought in the original suit. Learned Counsel submits that after dismissal of the suit though the appellant, i.e. applicant is in possession of the suit property, the original defendants have started interfering in his possession. C.A.No. 9512/2011 2 3. After taking into consideration the submissions advanced by the learned Counsel for the applicant, it is clear that it is an independent cause of action, which was not sought for in the original suit hence, no prayer in the application can be granted. Application is dismissed. However, applicant/appellant is at liberty to prepare private paper-book in due course. ( MRS MRIDULA BHATKAR, J. ) (vvr/9512.11ca)