1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 2551/2009 IN First Appeal No. 390/2009 (Ramdas Mahadevrao Vairagade VERSUS Vijay Ramdas Vairagade) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Loney, counsel for the appellants. Shri H.P. Lingayat, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 7, 2009. Heard the learned counsel for the parties. The learned counsel for the applicant states that the applicant is in possession of the suit property. The learned counsel for the respondent seriously disputes that position and points out the observations made by the trial Court in paragraph 31 of the judgment, which is challenged in the instant appeal. Since there is a serious dispute between the parties about the possession of the parties over the suit property and since there is not a word in the evidence of the plaintiff that he was in possession of the suit property at the time of filing of the suit, it would not be possible for this Court to grant the relief sought by the applicant by prayer clause (i) of the civil application. In the facts and circumstances of the case, it would be necessary in the 2 interest of justice to direct the parties to maintain status quo as regards possession. Hence, the parties are directed to maintain status quo as regards possession. However, the second prayer made in the civil application needs to be granted. The defendant- non-applicant is temporarily restrained from creating third party interest over the suit property till the disposal of the appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE