1 CA6012/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 6012 of 2011 in Second Appeal No. 240 of 2004 Alkabir Flat Owners’ Co-operative Housing Society, Aurangabad Applicant V E R S U S The Superintendent of Police, Aurangabad and others Respondents Mr. J.H. Deshmukh, Advocate for the applicant Smt. R.K. Ladda, AGP for respondents / State Mr. N.R. Bhavar, Advocate for respondent No.3 CORAM : A.V. NIRGUDE, J. DATED : 12th July, 2011 PER COURT : 1. The applicant is the respondent / original plaintiff in this appeal. The applicant’s suit was decreed. Respondent No. 1 filed first appeal, that too also failed and now respondent No. 1 and others are restrained by an order of the Courts below that they should not obstruct the possession of the applicant / original plaintiff. This order has not been stayed though the appeal is admitted by this Court. In view of this, the applicant / original plaintiff can continue using the suit-plot as they wish. They say that they are now intending to resume construction work which was left incomplete earlier. They say that a Constable from the Police Department had come to obstruct the work. They say that they made representation to the Superintendent of Police, Aurangabad (Gramin) and yet the obstruction is continued. This application is therefore moved for obtaining police protection. 2. The applicant / original plaintiff is now seeking protection of police department to prevent obstruction by Police of Aurangabad (Gramin). I am 2 CA6012/2011 not inclined to pass such order, but I am warning the respondents, specially the original appellant that if the work of construction commenced by the applicant / original plaintiff is obstructed, a very serious view would be taken. This order is dictated in presence of the learned A.G.P., who appears for respondent No. 1 / original appellant. I expect the original appellant to respect the law. The learned A.G.P. assures the Court that respondent No. 1 / original appellant would not take law in their hand. In view of this statement, no further order is required to be passed on the application. Civil Application stands disposed of. Parties to act upon the copy duly authenticated by Sheristedar of this Court. ( A.V. NIRGUDE, J. ) SRM/ca/6012/11/12/7/11