1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.No. 685/2008 Bashir Mohammad Tashiwale and anr. Appellants Vs. Kashibai Pawar and ors. Respondents. Mr.S.D.Thokade for the appellants Mr.R.S.Khadapkar for Res.1 and 2 CORAM: S.J.VAZIFDAR,J. DATE : 3rd December,2008 P.C. 1] Admit. Heard finally. 2] The question regarding possession requires further consideration. The sale deeds show that the possession was handed over.It is one of the important factors ,no doubt. However, it is necessary to see the actual position at the site in view of the fact that to the subsequent sale deeds the appellants were also the confirming parties. 3] In the circumstances the following order is passed :- 1] The impugned order is set aside. 2] The trial Court shall appoint an officer to visit the suit premises and make a report as to possession. 3] The costs of the commissioner shall be paid,in the first instance,entirely by the appellants but shall be subject to the final order on Exh.5 application. 2 4] The application Exh.5 shall be heard afresh . Till Exh.5 application is heard all the parties shall maintain the status quo in respect of the suit property. A.O. is disposed of accordingly.