1 20-cas-481-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 481 OF 2011 IN SECOND APPEAL NO.561 OF 1999 Shri Yadav Shankar Jadhav (since deceased) through his Legal Heirs & Others .. Applicants. V/s. Smt. Khattubai A. Rajjak & Another .. Respondents. Mr. M. S. Lagu, for the Applicants. Mr. Vivek Salunkhe, for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 21st SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Perused the order dated 7th September, 2011. Mr. Lagu, Advocate for Applicants states that though execution proceeding had not been filed for executing the decree for possession passed by the learned 6th Additional District Judge, Pune on 27th July, 1998 in Civil Appeal No. 1064 2 20-cas-481-2011.sxw of 1990, factually the possession is handed over to the Plaintiff and today, the Plaintiff is in possession. He further states that Respondent No.2/ Original Defendant No.2 was thus Co-Defendant who has died but the date of death and other particulars are not available. 3 RULE. Rule made returnable after four weeks. Mr. Salunkhe waives service for Respondent No.1. 4 No notice need to be sent to Respondent No.2 at this stage for the reasons indicated above. 5 The learned Advocate for Respondent states that as on today, Respondent No.1 has not even filed any application for seeking developing permission from the Municipal Council being the Competent Authority. He further states that at this stage, Respondent No.1 does not propose of alienate the suit property in any manner. Both statements are accepted. 6 Interim relief in terms of prayer clause (b). (G.S.GODBOLE, J.)