1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6597 OF 2010 IN SECOND APPEAL NO. 617 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Shinde, for the appellant. Mr. H.A.Joshi, Advocate for the respondent nos. 1. ....................... CORAM : S.V. GANGAPURWALA, J. DATE : 28/09/2010 PER COURT : 1. Heard Mr. S.S.Shinde, the learned counsel for the applicant and Mr. H.A.Joshi, the learned counsel for respondent no. 1. 2. Both the respective counsel contends that third parties are in possession of the suit property. Mr. Shinde contends that the applicant has paid the taxes on 31/03/2010 in respect of the suit property and the property stands in the name of the applicant. According to him, no injunction was enforced during the pendency of the Suit and the Appeal and that the applicant is in possession of the suit property. 2 3. Per contra, Mr. Joshi, the learned counsel for respondent no.1 states that the lower appellate Court after appreciation of the evidence has come to the conclusion that respondent no. 1 is in possession of the suit property. The said finding at this prima facie stage can not be interfered with. 4. In view of the fact that the lower appellate Court on final adjudication of the appeal has passed the decree. At this prima facie stage it would not be possible to unsettle the said finding. 5. In light of the same, stay can not be granted to the decree. As such, the present Civil Application is disposed of. [ S.V. GANGAPURWALA ] JUDGE knp/CA 6597.10 in SA 617.10