1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4959 OF 2010 IN SECOND APPEAL NO. 608 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 03.05.2010 1. Heard Adv. Miss Surekha Mahajan for the applicants and Adv. Shri Mukul Kulkarni for sole respondent. The advocate for the applicant drew my attention to order passed by this Court on 05.08.2008 in Civil Application No. 8257 of 2008, thereby staying handing over of the possession as directed by the Courts below. It is also observed therein that admittedly the appellants were in possession of the suit property under a sale-deed and therefore their possession needs to be protected. 2. Adv. Shri Mukul Kulkarni specifically stated that there is no dispute that the applicants are in 2 possession of the property. However, he states that no injunction was sought by the respondent and therefore police protection cannot be granted to the applicants for cultivating the suit- land. 3. Adv. Miss Mahajan also relied upon case of Ratnabai w/o. Narayanrao Naik and Anr., V/s. Satwarao s/o. Narayanrao Naik, 1995 (1) Mh.L.J.529. 4. In this case, considering the accompaniments of the application, the application can be allowed in terms of prayer clause (B). However, costs of police protection will have to be borne by the applicants. The Police protection cannot be continuous, but it will be for a particular days/occasion such as sowing or harvesting etc. 5. In the result, the Superintendent of Police, Dhule, is directed to consider application for police protection, if filed by the present applicants and provide police protection on payment of fees/charges according to rules, for cultivating the 3 land. It is made clear that the police protection cannot be continuous but it will be for a particular dates/days for particular agricultural operation. 6. With these directions, the Civil Application is allowed and disposed of. [P.R. BORKAR,J.] snk/2010/MAY10/ca4959.10