FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No.8265 OF 2006 IN SECOND APEAL No. 721 OF 2006 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. DATE : 15th November, 2010 PER COURT : 1. The present applicants are the original plaintiffs. They had filed suit for declaration and injunction. The Trial Court decreed the suit. It was declared that the order passed by the Special Deputy Collector and its superiors under the Ceiling Act are without jurisdiction null and void. The appellate Court set aside the said finding. The appellant has filed the Second Appeal. The said Second Appeal has been admitted by this Court on 29th September, 2010, and the interim orders have been passed on the Civil Application in terms of prayer clause ‘B and C’. 2. The Second Appeal is admitted and injunction was in force,. As per in view of the decree of the Trial Court. The contesting respondents though served have not appeared. Mrs. R.K. Ladda, learned A.G.P. opposes the application on the ground that the appellate Court had rightly come to the conclusion. Be that as it may the Second Appeal is admitted the rights of the applicant will have to be protected during the pendency of the Second Appeal. 3. In the light of the same, the present Civil Application is allowed in terms of prayer clause ‘B & C’ on condition that the applicant shall not alienate, create third party interest or encumber the suit property in whatsoever manner. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*8265.06CA/1511/10