1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11473 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11473 OF 2010 *** 1. Suit filed by present Respondent No.1 for specific performance has been decreed and defence of present petitioner that she is bonafide purchaser without notice has been answered against her by trial Court. She then filed Regular Civil Appeal No.24 of 2010 and in that sought stay of judgment and decree of trial Court. By impugned order dated 19th November, 20010 District Judge, Hingoli has rejected that prayer. 2. According to Advocate Mr. Pathan the plaintiff and vendor of Petitioner viz. present Respondent No.2 are close relatives and deliberately alleged previous agreement was suppressed from the petitioner. He, therefore, states that finding of trial Court that she is not a bonafide purchaser without notice is misconceived and needs to be reexamined by Appellate Court. At-least till 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11473 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. then possession of petitioner needs to be protected. 3. Shri Maney contends that as purchase by petitioner is during pendency of suit the same is governed by provisions of section 52 of Transfer of Properties Act read with section 19-B of Specific Reliefs Act, 1963. Hence, the view taken by the Appellate Court is in accordance with law. 4. Looking to the nature of controversy, I find that interest of justice can be met with by protecting the possession of petitioner over the land purchased by her during pendency of appeal. However, Respondent No. 1/ plaintiff is free to have sale deed executed and registered in relation to entire property as per the judgment and decree of trial Court from Respondent No.2. But he shall not thereafter disturb the possession of the petitioner over her portion during pendency of appeal. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11473 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. The petitioner shall file private paper book before the Appellate Court within three months from today and the Appellate Court shall decide the appeal itself on merit by 31st December, 2011. 6. The interim arrangement shall continue during pendency of appeal. 7. Rule is made absolute accordingly. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/04/2011. ans/11473