: 1 : 2655-09-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2655 OF 2009 IN FIRST APPEAL NO. 2245 OF 2007 IN B.C.C.C. SUIT NO. 1782 OF 1989 Kailash Yadav & Anr. .. Applicants v/s. Nandalal Shambhu Yadav & Ors. .. Respondents ......... Mr. Sunil Kumar i/b M.R. Yadav for the applicants Mr. O.R. Tiwari for respondent no.1 Ms. Swati Sawant for respondent no.2 Mr. Omprakash Jha i/b Kailash Tiwari for respondent nos. 4 to 11 ......... CORAM : A.V. NIRGUDE, J DATE : 21st NOVEMBER,2011. P.C. : 1. Heard. This application is made rather belatedly. Since 2009, the dispute is pending. The applicant original defendant no.1 has been complaining to the Court that the original plaintiff i.e. respondent no.1 has been in unauthorized occupation of the suit land and has inducted several persons in it. He further alleged that respondent no.1 (original plaintiff) : 2 : 2655-09-caf=.sxw has been recovering certain amount as rent etc. from the occupants. 2. The occupants are now parties to the appeal. Despite this situation, the applicant original defendant no.1 did not make any application either to the trial Court or to this Court till 2009 seeking direction to recover compensation from the occupants inducted by respondent no.1. I am, therefore, not inclined to pass such order. Application is dismissed. (A.V. NIRGUDE, J.)