FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 916 CIVIL APPLICATION NO. 2614 OF 2010 ,In FA/498/2010 VIJAYKUMAR BHAGWANRAO DEO VERSUS SMT BHAGYASHREE ANIL UGLE ... Advocate for applicant(s) : Mr. Patil Swapnil S. Advocate for Respondent : Mr. S.S. Kulkarni ... CORAM : MRIDULA BHATKAR, J. Dated: September 16, 2011 ... 1 By this application the applicant / appellant seeks stay to the judgment and order dated 14-12-2009 passed by the Jt. Civil Judge, Sr.Dn., Aurangabad in Special Civil Suit no. 96/2005. Applicant had filed Special Civil Suit no. 96/2005 for specific performance of contract in respect of house number 38/2004 situate in N-E, CIDCO, Aurangabad. The suit was dismissed hence he filed the first appeal. 2 It is submitted by learned counsel for the applicant that the applicant has good case on merit and he is in possession of the suit property since 2003. He further submits that if protection is not granted to the appellant, the appeal will be frustrated. Per contra, learned counsel for respondent submits that the applicant was never in possession of the suit property since 2003, but he has inducted himself forcefully in the suit property since 2004. He submits that if stay is granted, it will FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ have adverse effect on the proceeding bearing no. 217/2010 which is initiated by respondent against the present appellant for possession. 3 In view of the submissions, stay granted to the judgment and decree dated 14-12-2009 passed by the Jt. Civil Judge, Sr.Dn., Aurangabad in Special Civil Suit no. 96/2005, till disposal of the appeal. However, it is made clear that respondent is free to move appropriate application to this court if the suit for possession bearing no. 217/2010 is decreed. Civil application stands disposed of. ( MRIDULA BHATKAR, J. ) dyb 918 CA/5235/2011