1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9189 OF 2010 IN FIRST APPEAL ST. NO. 17424 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 22.10.2010 1. This is an application for stay to the judgment and decree passed by the Trial Court. The Trial Court has decreed the suit for specific performance of contract and has also clamped injunction against the present applicant. 2. The Court after evaluating evidence on record has come to the conclusion that the plaintiff is in possession of the property. Whether the possession is lawful or not would be a subject matter of re-appreciation of evidence. As such, said part of the decree cannot be stayed. As far as relief of specific performance is concerned, as the appeal is admitted, 2 said part of the decree requires to be stayed. In light of the same, the impugned judgment and decree is stayed only to the extent of grant of decree for specific performance i.e. unnumbered para 2 of the operative order. The Civil Application is disposed of. [S.V. GANGAPURWALA, J.] snk/2010/OCT10/ca9189.10