1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 3581 OF 2011 IN WRIT PETITION NO.: 5909 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLN. NO.: 3581 OF 2011 IN WRIT PETITION NO.: 5909 OF 2004 *** 1. Heard. Prayer is to protect possession of both minor applicants over suit property during pendency of appeal. Contention is, the appeal filed against a decree for specific performance was belated and that delay has not been condoned by Appellate Court. That order form subject matter of writ petition No.5909 of 2004. It is urged that the present Respondents themselves have filed a subsequent suit alleging a forcible dispossession by applicants and in that suit decree for restoration of their possession was granted. That decree was maintained in Regular Civil Appeal and thereafter in second appeal No.582 of 2010 by this Court. While 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 3581 OF 2011 IN WRIT PETITION NO.: 5909 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. maintaining that judgment and decree in second appeal, this Court has found that challenge under consideration in Writ Petition No.5909 of 2004 shall not be affected and will be independently looked into. 2. During hearing Shri Patil has produced certified copy of the order of this Court dated 13th October, 2010 disposing of writ petition No.582 of 2010. 3. Facts therein clearly show a finding that decree in favour of present non- applicants for specific performance was executed and they were placed in possession. Thereafter, they were forcibly dispossessed and because of this finding a subsequent civil suit by them for recovery of possession came to be decreed. 4. In view of this finding in second appeal 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 3581 OF 2011 IN WRIT PETITION NO.: 5909 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. No.582 of 2010 it is obvious that contention of present petitions that they were in possession or they are in possession is already rejected by this Court. Prayers made for interim relief are therefore misconceived. Application rejected. [B.P.DHARMADHIKARI, J.] Dated:25/03/2011. ans/3581