1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 851 of 2007 IN SECOND APPEAL NO.60 OF 2007 Namdeo B.Chavan .. Appellant V/s. Smt.Shantabai K.Chavan & Ors. .. Respondents Ms.A.R.S.Baxi for the Appellant/Applicant. Mr.S.R.Chinchalikar for the Respondents. CORAM : R.M.SAVANT, J. DATED : JULY 18, 2008. P.C.:- In the above Civil Application, the Applicant/Appellant seeks interim stay of the order passed by the Principal District & Sessions Judge, Sangli in Regular Civil Appeal No.19 of 2003 arising 2 out of the Judgment and Decree dated 30th December, 2002 passed in Regular Civil Suit No.48 of 1989 dated 29th August, 2006. 2. The dispute in question is in respect of land bearing Gat No.347 to the extent of 34R though the Appellant herein is the co- owner. Both the Courts below have held that the Plaintiff is in possession of the land in question. The Authority under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 has also held in favour of the original Plaintiff, though the orders passed therein has been challenged by the Respondents herein by way of writ petition which is as yet pending. 3. In my view, therefore, no case for grant of interim relief in terms of the Civil Application is made out. However, the Respondents herein i.e. the original Plaintiff would not create any encumbrance or third party interest in respect of the land being the subject matter of the suit pending the above Appeal. 3 4. The Civil Application is, accordingly, disposed of with the aforesaid observations. [R.M.SAVANT, J.]