1 908 caf.2356.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 2356 OF 2011 IN FIRST APPEAL NO. 1304 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Rahul S. Kadam for the Applicants. Mr. P.S.Naram h/f Mr. S.S.Kulkarni for Respondent No.1. CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. . Heard the learned AGP for the Applicant and the learned counsel appearing for Respondent No.1. 2 Even according to the case of the Applicants, who are Appellants, the land subject matter of the decree was surrendered under a Kabje Pavati by the father of the Applicant No.1 to the State Government and in lieu of the said land, some other land was allotted to the father of the Applicant No.1. 3 Submission of the learned counsel appearing for the Applicants is that the Applicants have no title in respect of the suit land inasmuch as the same has been vesting in the State Government and therefore, 2 908 caf.2356.11 the Applicants cannot be compelled to execute the sale-deed. 4 Admittedly, the father of Applicant No.1 surrendered the suit land to the State Government in lieu of which some other property was allotted to him. Therefore, no case is made out for grant of any interim relief. The sale-deed, if any, executed during the pendency of the appeal shall be subject to final outcome of the appeal. 5 Perused the affidavit filed by the Applicants. The explanation contained therein for not disclosing the caveat before their Advocate is not satisfactory. However, no further action is called for as this Court is not inclined to grant any interim relief. 6 Hence, I pass the following order: i. The application is rejected ; ii. It is made clear that if in terms of the impugned decree, the sale-deed is executed, the same will be subject to final outcome of the appeal. [ A.S.OKA, J ]