1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 139 OF 2009 IN APPEAL FROM ORDER NO. 119 OF 2009 Rajan Mahadeo More & ors. ... Applicants v/s Mr.Dattatraya Mahadeo More & anr. ... Respondents Mr.Prashant Bhavake i/by Mr.N.V.Bandiwadekar for the applicants. Mrs.Sneha S. Bhalerao for Respondents 1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND FEBRUARY, 2010 P.C.: 1. The Trial Court has restrained defendant No.4 i.e. appellant No.4 from entering into the common portion of the land with structure and the well in Gat No.422 till the disposal of the suit. 2. Prima facie, it appears that there are some agreements executed between the More family and defendant No.3 who 2 thereafter entered into an agreement with defendant No.4. Admittedly, a dwelling house is in existence on the common portion of the land of Gat No.422. 3. There is also a dispute as to whether defendant No.4 i.e. appellant No.4 is in physical possession of the common portion of the land of Gat No.422 at Village Wawarle, Tal. Khalapur, Dist. Raigad. 4. Defendant No.4 i.e. appellant No.4 shall not enter into dwelling house or disturb the possession of the respondents’ of the dwelling house, during the pendency of the appeal from order. 5. Parties shall maintain status-quo as of today with the other portion of the land except the dwelling house. 6. Civil application disposed of accordingly. ..... 3