: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.155 OF 2008 IN SPECIAL CIVIL SUIT NO.215 OF 2007 WITH CIVIL APPLICATION NO.194 OF 2008 Shripati Maruti Waghmare ..Appellant. Vs. Nilavati Pandurag Markad & Ors. ..Respondents. Mr.D.V.Sutar for the Appellant. Mr.Kumbhakoni for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 23RD JUNE, 2008 DATED : 23RD JUNE, 2008 DATED : 23RD JUNE, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The learned Judge has refused the interim reliefs prayed for in the Appellant’s suit for specific performance. This is despite the fact that the learned Judge has come to the conclusion that the Appellant is in possession of the suit lands. 3. Even assuming that the Appellant is not entitled to specific performance, the Appellant would be entitled if not anything else, to retain possession till he is dispossessed in accordance with law. 4. Having said that however, I find that the issue : 2 : as to possession has been decided only on the basis of the agreements of the respective parties. 5. It is desirable in the interest of justice that the parties are afforded another opportunity of establishing their respective cases only as regards possession. 6. In the circumstances, the trial Court shall appoint a Commissioner for the purpose of visiting the suit property to ascertain as to who is actually in possession. Thereafter, the parties shall be entitled to file further affidavits on the question of possession alone. The possession shall be retained by the party who is found to be in possession. Even such party will be restrained pending the hearing and final disposal of the suit from disposing of, alienating, encumbering, parting with possession of, or creating any third party right, title or interest in, to, upon or in respect of the suit property. 7. Till further orders by the trial Court, the parties shall maintain status-quo. 8. Appeal from Order and the Civil Application : 3 : stands disposed of.