1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CA No.7454/2008 in Second Appeal No.385/2008 Shrikrishna Devidas Tayade ..vs. Smt.Janabai Jamdeorao Gode. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- CORAM: C.L. PANGARKAR, J. DATED: 08th September, 2009. Heard Shri Amol Mardikar, learned counsel for the applicant and Shri Y.N.Vyas, learned counsel for the respondent- sole. This application has been filed for grant of stay to the execution of the decree passed by the Court below. The respondent had instituted Civil Suit for permanent injunction restraining present appellant from interfering with her possession in the suit property. The said suit came to be decreed against the appellant and the appellant was restrained from interfering with the possession of the plaintiff/respondent. The appeal preferred by the present appellant also came to be dismissed and the findings as recorded by the lower Court were confirmed. The learned counsel for the appellant/applicant submits that it would be necessary to grant stay to the execution of the decree since the appeal has been admitted and 7/12 extract for the current year is in the name of the appellant. He 2 placed the certified copy of the 7/12 extract before the Court, which goes to show that the appellant's name is recorded in the cultivators column for the current year. The learned counsel for the respondent submits that during the pendency of the suit, there was temporary injunction against the present appellant and the same was confirmed by a decree in the suit. Having heard learned counsel for the parties, it is apparent that there is concurrent findings of both the Courts that the plaintiff was in possession of the suit property. There was a temporary injunction in favour of the plaintiff against which the present appellant/defendant never preferred any appeal. In any case, there are concurrent findings against which it would not be proper to grant stay to the execution of the decree. In the circumstances, the application is rejected. JUDGE Andurkar.