cas761-10.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 761 OF 2010 IN SECOND APPEAL NO. 278 OF 2010 Madusudan Bane (through his legal heirs) 1 Prashant Madhusudan Bane & Ors. ... Applicants. V/s. Krishna Raghunath Jadhav (since deceased through his legal heirs) 1(1) Santosh Krishna Jadhav & Ors. ... Respondents. --- Mr. Sashank Mangle for the Applicants. Mr. Sachindra B. Shetye for Respondent Nos. 1(a) to 1(7) . --- CORAM:- G.S. GODBOLE, J. DATED :- 22nd SEPTEMBER, 2011. P.C. : 1 Heard Mr. Mangle for the Applicants and Mr. Shetye, who appears for the contesting Respondents. 2 The suit for specific performance has been dismissed by the Trial Court and the Decree has been reversed in Appeal and Decree for specific performance has been passed. The Appellate Court has recorded a finding that the Plaintiff is in possession of the suit premises. cas761-10.sxw 2 3 In view of this, a case for grant of limited protection is made out. Hence, I pass following order : i The Decree Holders can file execution proceedings for executing the impugned Decree and all procedure regarding appointment of Court Commissioner, Draft of Sale Deed, Objections to Draft of Sale Deed and decision on such Drafts can proceed but actual Sale Deed should not be executed. ii It is also directed that the parties will maintain status-quo in respect of the suit property with a clarification that the Plaintiff now represented by the Respondents 1(1) to 1(7) will continue to be in physical possession. Needless to state that no party will execute any document of whatsoever nature in respect of the suit property. iii Rule is made absolute in the aforesaid terms. [G.S. GODBOLE, J.]