: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1124 OF 2008 IN FIRST APPEAL NO.439 OF 2008 Mulla Mohammad Sayed Abdul .. Applicant v/s. Shri Katch Kadva Patidar Samaj, & Ors, Panvel .. Respondents ........ Mr. D.G. Bagve, i/by D.N. Salvi for applicant Mr. P.S. Dani for respondent no.1 Mr. R.S. Ghadge for respondent no.2 ........ CORAM : D.B. BHOSALE & R.Y.GANOO, JJ. DATE : 19th JANUARY, 2010. P.C. : 1. Heard learned Counsel for the parties. 2. On 28th February, 2008, following order was passed. : 2 : “1. Rule, returnable after four weeks. 2. Ad-interim order in terms of prayer clause (a). The appellant undertakes not to deal with, dispose of, part with possession or transfer or alienate the suit property until further orders of this Court.” 3. Having regard to over all facts and circumstances of the case, we are inclined to dispose of the Civil Application in terms of the aforesaid ad- interim order. Order accordingly. The ad-interim order in terms of prayer clause (a) stands confirmed. Mr. Dani, learned Counsel for the respondent no.1, on instructions, submits that the plot of land in dispute is vacant and, therefore, the appellant may be directed to maintain status- quo. 4. Mr. Bagve, learned Counsel for the appellant, fairly submits that he is not in a position to state whether the plot of land in dispute is vacant as of today. He, therefore, submits that the appellant will maintain status- quo as of today. His statement is accepted. 5. Civil Application is disposed of. 6. The trial Court shall invest the amount deposited by respondent no.1 in pursuance of the impugned judgment in fixed deposit in a nationalised bank within a period of 4 weeks from the date of receipt of : 3 : this order initially for the period of 2 years and shall renew the deposit from time to time till disposal of the appeal. 7. At this stage, Mr. Bagve, learned Counsel for the appellant, seeks liberty to file private paper book. Liberty, as prayed, is granted. Appellant to file private paper book within a period of 4 months from today. Parties will have liberty to file application for seeking fixed date of hearing, only after the R & P is received and private paper book is filed by the appellant. [R.Y.GANOO, J.] [D.B. BHOSALE, J.]