1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13511 OF 2010 IN FIRST APPEAL NO. 2033 OF 2010 Ramkisan Pandurang Bhandari .. Applicant Versus Ramanujdas Laxminarayan Zanwar .. Respondent Shri R. F. Totala, Advocate for the Applicant. Shri Amit S. Deshpande, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 22ND OCTOBER, 2010. PER COURT : . This is an application for stay of the impugned judgment and decree. 2. The present non applicant had filed a suit for possession and mandatory injunction which came to be decreed. The defendant has filed the appeal. The appeal is admitted. 3. Shri Deshpande, learned counsel for the non 2 applicant/original plaintiff states that, the applicant has no case on merits. The Trial Court after appreciation of the sale deed executed by the present non applicant in favour of the vendor of the present applicant has come to the conclusion that the suit property was never sold by the plaintiff to the present applicant's vendor. 4. This aspect of the matter would require an appreciation of evidence. The appeal is admitted and the same can only be arrived at, at the time of final hearing. As the decree is for delivery of possession and removal of construction, same would have to be stayed. The impugned judgment and decree is stayed to the extent of removal of construction, mandatory injunction and delivery of possession. The non applicant is at liberty to initiate proceedings for enquiry U/O XX Rule 12 of the Code of Civil Procedure and same be proceeded till the stage of judgment. 5. The applicant shall not create third party interest, alienate or change the nature of the suit property in whatsoever manner. The civil application is disposed of. [ S. V. GANGAPURWALA, J.] bsb/Oct. 10