IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5637 OF 2006 Rama Baban Panchalkar and Ors. ...Petitioners Versus Allana Investment and Trading Company Ltd and Ors. ....Respondents Mr.S.G.Karandikar for the petitioners. Mr.Pankaj Sawant, Adv i/by. Jay Legal Consultants for respondent no.1. Mr.A.R.Patne, AGP for respondent nos.2 to 5. CORAM: CORAM: CORAM: S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. 21.11.2007 21.11.2007 21.11.2007 P.C. P.C. P.C. : : : 1. Heard learned counsel for both sides. 2. I have perused the orders passed by the appellate authority and more particularly the earlier order, copy of which is at Annexure D dated 11.5.2006 that directs the parties to maintain status-quo during the pendency of the appeal under Section 6 of the Maharashtra Restoration of Lands to Schedule Tribes Act, 1974. 3. There appears to have been no event or development subsequent thereto, save and except, filing of some applications pointing out breach and contempt of certain directions which probably has resulted in the order passed earlier of status-quo being modified on 22.6.2006. The modification is that now physical possession is to remain with the first respondent before this court who is the appellant before the Divisional Commissioner, Konkan Division, Mumbai. In other words, the Tribal is dispossessed despite there being documents on record to show that the physical possession was given to him on 29.3.2006. In such circumstances, unless the decision to put him in possession was reversed, the appellate authority could not have directed that the appellant before it should be placed in physical possession. That would mean allowing the appeal without going into the merits of the same. 4. In such circumstances, the order passed on 22.6.2006, copy of which is annexed as Annexure-F cannot be sustained. The same is quashed and set aside. The petitioners are put in physical possession of the suit land but with a clear direction to them that they shall maintain status-quo with regard thereto as prevailing on 29.3.2006 and today, until the appeal is heard. They shall not alienate, encumber of part with possession thereof in any manner whatsoever. 5. In the circumstances of the case and since the rights of the tribal are also involved the appellate authority is directed to decide the matter as expeditiously as possible and in any event within a period of three months from the date it assumes charge. All contentions on merits of both sides are expressly kept open. (S.C.DHARMADHIKARI, J)