1 ca3346-10 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.3346 OF 2010 IN CIVIL APPLICATION NO. 2759 OF 2010 IN CIVIL APPLICATION NO. 1247 OF 2010 IN FIRST APPEAL NO. 776 OF 2009 Vilas Kedari Nikam .. Applicant/ Appellant V/s. Rajnikant Appaji Shinde .. Respondent Mr. M. V. Holmangi for the Applicant/Appellant. Mr. D. M. Joshi for the Respondent. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : OCTOBER 22, 2010. P.C. By this Civil Application, the Applicant request that possession of the suit premises be taken from Respondent No.1 who is the decree holder and returned to the Applicant who is the Judgment debtor. The possession of the suit premise has been handed over by the Court Receiver to Respondent No.1 pursuant to the order dated 9th July, 2010 passed on the report of 2 ca3346-10 the Court Receiver. Since the challenge of the Applicant to the order dated 9th July, 2010 which is an order common to Civil Application No. 1247 of 2010 and the Report of the Court Receiver No. 72 of 2010 has already been rejected, the present Civil Application is not maintainable. The same is, accordingly, disposed of. 3. Mr. Holmangi makes an oral Application for an order of injunction against Respondent No. 1 restraining him from parting with possession of the suit property for a period of 12 weeks to enable the Applicant to challenge this order. Since Respondent No.1 is a decree holder and has been put in possession of the premises pursuant to the decree the oral Application is rejected. (SMT. R.P. SONDURBALDOTA,J.)