cra698.95 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CRA NO. 698 OF 1995 MAROTI YADAVRAO SONWANE VERSUS PRAKASH MANOHARRAO KULKARNI ... Advocate for Petitioner(s) : Shri N.N. Shinde. ... CORAM : S.S. SHINDE, J. Dated: August 23, 2011 This civil revision application takes exception to the judgment and order 29th April, 1995 passed by the Jt. District Judge, Beed in Misc. Civil Appeal No.105/93 arising out of the proceedings in R.C.S. NO.326/1993. 2 The learned Counsel appearing for the applicants submits that the possession of the suit land is with the applicants herein since long and cra698.95 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ even, their father was in possession of the suit land being protected tenant. Aggrieved by the order of the Court below, this civil revision application has been filed praying therein to protect the long standing possession of the applicants till RCS No.326/1993 is finally decided. 3 Though the respondents are duly served, none appears for them. Therefore, the averments in the civil revision application remained un- controverted. Hence, the case of the applicants is required to be accepted. 4 This Court while granting Rule in this revision application, granted interim relief in terms of prayer clause (D). It is not in dispute that the civil revision application arises out of the cra698.95 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ impugned order passed in the Misc. Civil Appeal and, therefore, the interim relief granted by this Court will remain in force till RCS NO.326/1993 is decided finally. Since this CRA was filed in the year, 1995 and listed from time to time for final hearing, I feel it appropriate to dispose of the same by continuing the interim relief granted by this Court in terms of prayer clause (D) till disposal of the RCS NO.326/1993. 5 Accordingly, it is ordered that till disposal of RCS No.326/1993 the interim relief granted by this Court on 7th August, 1995 in terms of prayer clause (D) of the CRA shall remain in force. It is made clear that in case RCS NO.326/1993 is already decided and disposed of finally, then the interim order passed by this Court on 7th August, cra698.95 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ 1995 would cease to operate. The civil revision application is allowed to the above extent and disposed of. Rule made absolute in the above terms with no order as to costs. (S.S. SHINDE, J.) PLK/*