-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1325 OF 2008 CIVIL APPLICATION NO. 1325 OF 2008 CIVIL APPLICATION NO. 1325 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 2971 OF 2008 CIVIL APPLICATION NO. 2971 OF 2008 CIVIL APPLICATION NO. 2971 OF 2008 IN FIRST APPEAL NO. 519 OF 2008 1. Ashok Shripati Shinde & Ors. .. Applicants. V/s. 1. Ganpat Narayan Shinde & Ors. .. Respondents. --- Smt. Anjali Helekar for the Applicants. Mr. Prataprao Shinde for the Respondent No.1. --- CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. By the civil application bearing no. 1325/2008, the applicants pray for stay to the judgement and decree dated 23.01.2008 passed by the learned civil Judge, Sr.Dvn., Satara in special civil suit no. 171/2003. The applicants/ appellants are the original defendants nos. 1 to 3 in the suit filed by the respondent no.1, claiming various reliefs. The said suit has been decreed, whereby a declaration that the plaintiff i.e. the respondent no.1 abovenamed is the owner of the property has been issued and further the appellants have been directed to hand over possession of the suit premises to the plaintiffs. All other reliefs claimed in the suit have -: 2 :- been rejected. One of the reliefs claimed in the suit is that the defendant nos. 1 to 15 should be asked to deposit the amount recovered from the tenants. Amongst the other reliefs claimed, is the relief of compensation of Rs. 2000/- vide prayer clause (c) and the recovery of the amount paid by the defendant nos. 4,5 and 6. Pertinantly, though the said reliefs have been rejected, no cross appeal has been filed by the respondent no.1. 2. In view of the fact that the first appeal has been admitted and considering the nature of the decree passed, in my view, ad-interim order dated 13.03.2008 passed in the civil application is required to be confirmed and is accordingly confirmed. The Civil application is disposed of by imposing the same conditions on the basis of which the ad-interim order was passed. 3. As regards the civil application No. 2971/2008, in view of the affidavit of service dated 16.07.2008 filed by one Atmaram Shripati Shinde, the applicant No.2, nothing survives for consideration in the said civil application, which is accordingly disposed of. 4. Both the civil applications are accordingly disposed of. -: 3 :- ( R.M.SAVANT, J.)