:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1762 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.G.S.Godbole, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 18TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The lower Appellate court has stayed the order passed by the Trial court which is in the following terms :- "1. The Application vide Exh.5 is hereby allowed. 2. The defendants, his agents, servants and anybody acting or purporting to act for and on his behalf are hereby temporarily restrained from creating any third party interest or making any construction in all respects in the :2: :2: :2: suit property to demolish or to dispossess the plaintiff from the suit property till the final disposal of the present suit. 3. Costs shall be costs in cause. 2. Against such an order, if the Original Defendant files a Misc.Civil Appeal, so also, applies for stay, I do not see how the lower Appellate court can grant a stay, so as, to permit the Defendant to alienate the property and making construction thereon and dispossess the present plaintiff-petitioner. 3. The Appeal is yet to be heard. Such an order could not have been stayed by the lower Appellate Court. The order of the District Judge granting limited stay till the next date, also is therefore liable to be interfered with as it is patently erroneous and unsustainable. 4. There is no necessity of serving any Notice to the other side, as I am directing that both sides should appear before the lower Appellate court on 28.3.2008 and the Appeal itself should :3: :3: :3: be heard and disposed off by the lower Appellate Court, as expeditiously as possible and within a period of 8 weeks from the date of appearance. There is no question of granting any interim stay as that would amount to allowing the Appeal without hearing the parties and non-suiting the present petitioner-plaintiff. The impugned order is therefore set aside and substituted with the directions as above. Petition disposed off. No costs. . All concerned to act on authenticated copy of this order. ********