1 ao1051.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1051 of 2011 WITH Civil Application No. 1407 of 2011 in AO No. 1051/2011 Mr. Babusingh Bhopaji Purohit & ors. ...Appellants v/s. The Range Forest Officer & ors. ...Respondents Mr. P.K. Dhakephalkar, Sr. Counsel i/b. Sagar Joshi for the appellants. Mr. H.J. Dedhia for respondents 1-3. CORAM: R.M. BORDE, J. 21st September, 2011 PC: The order passed by the 2nd Joint Civil Judge, Junior Division on 13th September, 2011 in RCC No. 457/2011 is subject matter of challenge in this petition. 2. In pursuance to the application tendered by the plaintiff at exh. 16, the trial Court by an order dated 17th August, 2011 directed the parties to maintain status-quo. However, the trial Court by an order dated 13th August, 2011 while directing the parties to maintain status-quo permitted the defendants to exercise all the powers as per law, in case the defendants are certain as regards the notification of property exclusively as a forest area. The issue which calls for determination of the Court is as to whether the disputed area claimed by the plaintiff is declared forest. The issue has to be dealt with by the Civil Court after considering rival contentions raised by the parties and on examining relevant documents those may be produced before the Court. It is informed that the application Exhibit 5 tendered by the plaintiff is pending in the trial 2 ao1051.11.sxw Court. The learned trial Judge would take up the application exhibit 5 and decide the same in accordance with law after extending opportunity of hearing to the parties. The ends of justice would be met if the parties are directed to maintain status-quo in the meantime. 3. Hence, I pass the following order: (i) The trial Judge is directed to decide application at exhibit 5 as expeditiously as possible and preferably within eight weeks from today. The parties shall maintain status-quo in the meanwhile. (ii) Appeal from Order stands disposed of. 4. In view of disposal of appeal from order, pending civil application does not survive and disposed of. Learned AGP to inform the order to the concerned officials. (R.M.BORDE, J)