FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 10974 OF 2010 IN SECOND APPEAL No. 57 OF 2001 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. G.S. Patil, Advocate for the applicants Mr. V.M. Humbe, Advocate for the respondent Nos. 1 & 2 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 27h October, 2010 PER COURT : 1. The present Second Appeal is filed against the Judgment and Decree passed by the lower appellate Court on 12th August, 1999. The present Second Appeal is admitted. The Civil Application is filed for stay of the impugned Judgment and Decree and also for injunction restraining the respondents from obstructing the peaceful possession of the applicant in the suit land to the extent of 1/4th share of the applicants. 2. The plaintiffs suit for declaration, partition and separate possession has been dismissed by the lower appellate Court, as such there is no executable decree in-force. In the light of the same, the prayer for stay cannot be considered. As far as relief of injunction is concerned, even the Trial Court while passing the Decree in clause No. 3 had specifically ordered that the suit property shall be partitioned and after partition the plaintiffs shall be put in possession of 1/4th share. Shri Patil the learned Counsel for the applicants submits that the plaintiffs are in possession of the suit property and this fact is not disputed, it is also observed in the Judgment of the appellate Court. 3. The relief of injunction was never claimed before both the Courts below. The appeal is filed in the year 2001, and in the year 2010, now relief of injunction is claimed. The applicants in the main proceedings also has not claimed any relief of injunction. In the Civil Application the applicants have stated that the applicants are in possession of 1/4th share and they are entitled to enjoy the separate possession to that extent. The shares are not carved out when the said relief was never claimed all these years before both the Courts, and in this Court since 2001. I am not inclined to entertain present application. In the light of the same, the Civil application is rejected. Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*10974.10CA/151110