sa371.08.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No. 371/2008 Rajan Rangaswami Reddy ..vs.. Smt. Laxmidevi Munnaswami Reddy & ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Amol Mardikar, Advocate for appellant. Mr. G. M. Shitut, Advocate for respondents no. 2 and 3. Mr. S. V. Ingole, Advocate for LRs of respondent no.5. Coram: R. K. Deshpande, J. Date : February 3, 2010 Civil Application No. 8741/2008 1 This is an application for brining legal representatives of respondent no.5 on record. 2. For the reasons recorded in the application, the application is allowed. Names of legal representatives of respondent no. 5 be taken on record. Amendment be carried out forthwith. The application stands disposed of accordingly. Second Appeal No. 371/2008 1. Heard learned counsel for the appellant. 2. This Court has already dismissed Second Appeal No. 220/2009 challenging concurrent findings recorded by Courts below dismissing the suit filed by the appellant. The same judgments are subject matter of challenge in the sa371.08.odt 2 present Second Appeal. Hence, for the reasons recorded in order dated 03.02.2010 in Second Appeal No. 220/2009, the instant appeal is also dismissed. No order as to costs. 3. Mr. Mardikar, learned counsel for the appellant, submits that by order dated 18.09.2008, this Court had granted interim stay to the execution proceedings subject to the appellant’s furnishing security to the satisfaction of executing Court. He, therefore, submits that this interim order be continued for further period of four weeks in order to enable him to approach the Hon’ble Apex Court. However, it is not possible to accede to the said request. The suit was for injunction restraining defendants from disturbing possession claimed by the plaintiff over the suit property. There was no injunction order operating pending decision of the suit. The suit is dismissed. The appeal is also dismissed. Pending appeal also there was no injunction. The question of filing of any execution proceeding by defendant as observed in earlier order dated 18.09.2008, pursuant to the dismissal of the suit also does not arise. In view of this, the prayer is rejected. J UDGE kahale