ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.3728 OF 2007 APPLICATION NO.3728 OF 2007 APPLICATION NO.3728 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO. 1717 OF APPEAL NO. 1717 OF APPEAL NO. 1717 OF 2002 2002 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K.K.Jadhav for the applicant. Ms. P.H.Kantharia, AGP for the State. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 26th September, 2007. : 26th September, 2007. : 26th September, 2007. P.C. P.C. P.C. 1. By the impugned judgment though the trial court has directed the appellant to reconstruct the suit structure and hand over its possession to the applicant, this Court however, has granted the stay of the said judgment. The same has been in-force since 2002. The applicant- original respondent’s prayer to permit him to reconstruct the structure at this ( 2 ) stage of the proceedings, cannot be granted. as this will amount to dismissal of the appeal filed by the State. 2. Considering the facts and circumstance of the case and as there is already decree passed in favour of the respondent/ original plaintiff and the suit is of the year 1980, the appeal is expedited. The respondent/ original plaintiff undertake to file private paper book within four weeks. 3. Appeal be listed on board for final hearing after filing of the paper book. 4. The Civil application is disposed of, accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]