1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1115 OF 2009 IN FIRST APPEAL NO.1879 OF 2008 (Mrs.Akalpita Karekatti vs. Murdevi Magdum & Ors.) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amol Gatne h/f Sugandh Deshmukh, Advocate for Applicant. Mr.S.M. Mirajkar, Advocate for respondent. Coram : Smt. R.P. SONDURBALDOTA, J. Date : 14th July,2009 PC :- By this Civil Application, the applicant seeks an interim injunction to restrain respondent from disturbing his possession of the suit property. Perusal of the Civil Application shows that there are no allegations whatsoever made of any attempt on the part of respondent to dis-possess the applicant from the suit property. Respondent instead has set up the claim of being in possession of the 2 suit property. This claim cannot be believed in view of clear finding in the impugned judgment that there is nothing on record to show that respondent is in possession of the suit property. By the impugned judgment, the applicant has been directed to hand over possession of the suit property to respondent. In these circumstances, the Civil Application is dismissed. (Judge) 3 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4936 OF 2008 IN FIRST APPEAL NO.1879 OF 2008 (Mrs.Akalpita Karekatti vs. Murdevi Magdum & Ors.) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amol Gatne h/f Sugandh Deshmukh, Advocate for Applicant. Mr.S.M. Mirajkar, Advocate for respondent. Coram : Smt. R.P. SONDURBALDOTA, J. Date : 14th July,2009 PC :- By this Civil Application, the applicant seeks stay of operation of the impugned judgment and decree directing the applicant to hand over possession of the suit property to the respondent. In view of the admission of the appeal, the Civil Application is allowed in terms of prayer clause (a). (Judge)