{1} lpa14010.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.140 OF 2010 IN WRIT PETITION NO.8112 OF 2009 Hajrabi Sahebkhan Pathan & others Appellants Versus Shamim Ahmed Momin & others Respondents Mr.R.L.Kute, advocate for appellants. Mr.S.K.Shinde, advocate for respondent no.1. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 12 th January, 2011 PER COURT: 1 Heard learned Counsel for the parties. 2 This appeal is directed against the order dated 03.03.2010, passed by the learned Single Judge, dismissing the writ petition filed by the appellants, being Writ Petition No.8112 of 2009. The writ petition was directed against concurrent findings of facts recorded by the Courts below on the application filed by the Respondents seeking appointment of Court Receiver. The application was filed on the basis of allegation that the Respondent -plaintiff was dispossessed forcibly by the appellants. {2} lpa14010.odt 3 There is no dispute that husband of the plaintiff had filed Regular Civil Suit No.381 of 1985 against the tenant. That suit was decreed and decree was ultimately confirmed by the Supreme Court in Special Leave Petition. The decree was executed and the plaintiff was put in possession of the suit property on 03.05.2009. Appellants claim that they were put in possession by the plaintiff on 21.06.2008. As against this, the plaintiff claims that she was forcibly dispossessed on this date. 4 The Courts below have considered the entire material placed on record and have prima facie observed that the Respondent-plaintiff was forcibly dispossessed and in view thereof, the application for appointment of Court Receiver has been allowed. 5 We do not find any merit in the Letters Patent Appeal. The appeal is dismissed. Interim order, if any, stands vacated. 6 At this stage, learned Counsel for appellants, prays for extension of the order of status quo. Having regard to overall facts and circumstances of the case, we are not inclined to continue the order of status quo. The prayer is rejected. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/lpa14010