FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO. 51/2009 Smt. Mandabai Manikrao Bangade and 3 others ..versus.. Siddharth Mahadeo Borkar and another --------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. -------------------------------------------------------------------------------------------------------------------------------------------------------- CORAM : S.R. DONGAONKAR J. DATED : 7 th SEPTEMBER, 2009. Heard Shri Jetha, Advocate, for the appellant and Shri Manoj Sable, Advocate, for Respondents. 2/- The appeal is filed by the appellant/original defendant against the order passed by the learned Civil Judge, Senior Division, Nqagpur, dated 4.2.2009, in Special Civil Suit No. 1094/2008, on Exh. 5, which reads thus- ORDER 1. Application of plaintiff (Exh. 5) is allowed. 2. The defendants, their servants, agents, power of attorney holders or anybody acting through or on their behalf are hereby directed to maintain status-quo in respect of suit property till hearing & final disposal of the suit. 3. Parties to bear their own costs. 3/- The learned counsel for the appellant has mainly submitted that as the application of the plaintiff (Exh.5) is allowed, the order of status-quo is operating only against the defendant i.e. present appellant. According to him, the plaintiffs are taking advantage of this order because they are not directed to maintain status-quo for disposing of the property involved in the suit and therefore, according to him, he has no objection if the said order is continued till the disposal of the suit if the plaintiffs maintain status-quo as regards suit property. 4/- Learned counsel for the respondents also submits that the plaintiffs are ready to maintain status-quo in respect of the suit property till the disposal of the suit, if the suit is directed to be disposed of within six months. 5/- Considering the subject matter of the suit, it is desirable that the parties should maintain status-quo as regards the suit property so as to avoid further complications. 6/- In these circumstances, parties i.e. both the plaintiffs and defendants are directed to maintain status quo as regards subject matter of the suit property in terms of the order of the learned trial Judge. 7/- The parties are, however, granted liberty to move the trial Court for modification of the order if the circumstances so require later. Trial Court is also directed to dispose of the suit between the parties as early as possible in any case within a period of one year from the date of this order. Appeal disposed of. JUDGE Rvjalit