1 AO 157 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 157 OF 2010 Pradeep Keshavrao Vyas Appellant V E R S U S Prakash Haridas Tekale & ors. Respondent Mr. Dhananjay Deshpande, Advocate for the appellant Mr. R.V. Naiknaware, Advocate for respondents No. 1 to 3 CORAM : A.V. NIRGUDE, J. DATED : 4th February, 2011 ORAL ORDER By consent, following order is passed : (1) The appeal is allowed. (2) The impugned order is set aside. (3) The case is remanded back to the learned Judge of the first Appeal Court, who shall decide the application for interim relief afresh. (4) As a stop gap arrangement, ad interim order passed by the learned Judge of the trial Court dated 5th April, 2008 shall remain in force till the learned District Judge - II, Osmanabad decides the interim application of the appellant finally. 2 AO 157 OF 2010 (5) The parties also agreed that before the learned District Judge - II, Osmanabad decides the interim application of the appellant, a Court Commissioner should be appointed for inspection of the suit property. The Court Commissioner shall also inspect the plot of land claimed by the respondents No. 1 to 3. He shall prepare a map of both these plots showing the adjoining roads etc. On the basis of this map and other material on record, the learned District Judge - II, Osmanabad, shall decide the interim application. In view of disposal of Appeal From Order, Civil Application No. 17278 of 2010 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/ao/157/10/4/2/11