1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.6619/2010 IN SECOND APPEAL NO.542/1999. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SP Chapalgaonkar, Adv. For applicant; Mr.AP Bhandari, Adv. For sole respondent. *** CORAM : K.U.CHANDIWAL ,J. DATE : 24 th November, 2010. ... 1) Heard. 2) The Second Appeal is admitted. The grievance of the appellant is in spite of there being findings by both the courts that the appellant is in possession, his possession is being threatened. 3) Learned Counsel for respondent (original defendant) submits that the revenue record does not support the appellant to canvass to be in possession of the property for which he took recourse to page 11 annexed to the application, showing revenue entries from 1979-80 to 1988-89. However, I find in the year 1988-89, entry of Suryakant Khandagale bears in the column of possession. Again at Page 16 name of Suryakant is disclosed as as possessor having sown 2 bajra crop for the season 2009-2010. 4) The contention of Mr.Bhandari that there is no finding of possession by first Appellate Court, in the above, scenario, at this stage need not be gone into. 5) The prayer for injuncting the respondent (original defendant), in the above set of situation, cannot be said to be a haywire and in air. The amendment that has been carried out in pleading in para 12 (2-A) is also after the date of obstruction dated 10th April, 2010. The parameters of balance of convenience and injury flows in favour of appellant. 6) In the situation, the defendant (respondent in the second appeal) shall not cause any interference in the peaceful enjoyment of the appellant till disposal of the appeal. 7) The application allowed as above. No costs. 8) Second Appeal to be heard expeditiously on 9th December, 2010. (K.U.CHANDIWAL) JUDGE bdv/