1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9315 OF 2005 IN SECOND APPEAL NO. 1435 OF 2005 Khandu Shankar Chaudhary deceased through his L.Rs. Vimalbai Khandu Chaudhary and others Applicants. Versus Shri Yashwant Dhaku Khatri and others. Respondents Shri Natu , advocate for the applicants. Shri S.K.Shinde, advocate for Respondent/s. CORAM: R.M.BORDE, J. DATE : 31st July, 2009. P.C.: 1. Heard Shri Natu, counsel appearing for appellant-applicant and Shri S.K.Shinde counsel appearing for respondent. 2- This is an application seeking stay to the execution and operation of the judgment and decree passed in Regular Civil Suit No. 85/1972 decided by Civil Judge Junior Division, Nandurbar on 25.11.1987 and confirmed in Regular Civil Appeal No.229 of 1990 by the Ad-hoc Additional District Judge Nandurbar on 18/08/2004 during the pendency and final disposal of the second appeal. Considering the fact that decree passed by the Trial Court is in respect of recovery of possession of 2 the agricultural property and as appeal is admitted for consideration it is desirable that judgment and decree passed by the trial court and confirmed by the first Appellate Court is stayed. In this view of the matter, the operation of judgment and decree passed in civil appeal No.229 of 1990 passed by the learned Adhoc Additional District Judge, Nandurbar, confirming judgment and decree passed in RCS No. 85/1972 by Civil Judge Junior Division Nandurbar on 25.11.1987 shall stand stayed during the pendency of the second appeal. Applicant/appellant shall furnish paper book within 8 weeks from today. 3- Printing is dispensed with. 4- Liberty to parties to move for early disposal of the appeal after presentation of the paper book. 5- Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* aaa/9315.05