1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 5784 OF 2010 IN FIRST APPEAL NO. 125 OF 2010 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 8 th JULY, 2010. 1 Heard Shri A.N. Nagargoje, Advocate for the applicant and Shri S.S. Choudhary, Advocate for respondent nos. 1 to 4. 2 Adv. Shri Nagargoje states that after this court has passed order on 17-3-2010 for protecting possession of the appellants, who are in possession of 2 Are land, they started making construction and he has produced photographs of the construction of foundation. It is not disputed that the appellants / respondents have started construction. Learned advocate Shri Choudhary stated that inspite of 2 construction, the present respondents are ready to hand over possession of 2 Are portion with or without construction to the appellants. This court has passed order on 17-3-2010 necessarily to protect possession of the respondents and therefore it was directed that the appellant shall not alienate or transfer the said portion of 2 Are land to any third party. However, the nature of the property is being changed by starting construction thereon. It is not mentioned that there was urgency of making construction immediately and, if no construction is allowed, there is going to be any irreparable loss to the respondents. In view of this, this application is allowed. Order dt. 17-3-2010 is therefore modified and it is directed that the original appellants / respondents herein shall not continue with construction any more, pending this appeal. Application is accordingly allowed and disposed of. ( P. R. BORKAR, J.) dyb / office / ca5784.10.odt