1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1239 OF 2008 WITH CIVIL APPLICATION NO.1512 OF 2008 Meena Lalbachan Kanojia .... Appellant V/s. Thomas Paul Gonsalves and Ors. ..... Respondents. Mr.Sandesh Patil, for the appellant. Mr.Uday P. Warunjikar, for the respondents. CORAM :P.B.MAJMUDAR, J. DATE : SEPTEMBER 18, 2009 P.C. 1. The appellant is the original plaintiff of Special Civil Suit No.94 of 2008. The plaintiff has filed the said suit for a declaration that the sale deed dated 25-02-2008 executed by defendant Nos.1 to 13 in favour of defendant Nos.14 to 17 is void and illegal and the defendants may be restrained from developing the property any further. It is the case of defendants that the plaintiff is in exclusive possession of 1/9 share in the suit property and that the execution proceedings are pending bearing Regular Darkhast No.27 of 86. The grievance of the appellant is that in the meanwhile, the defendants are trying to change the status of the suit property with an ulterior motive that the plaintiff may not get be able to 2 get fruits of the decree. 2. The learned trial judge dismissed the application of the plaintiff/appellant which is impugned herein, by holding that the plaintiff must ascertain her right in the execution proceedings which are pending. The learned trial judge found that the plaintiff has no prima facie case against the defendants. 4. The learned counsel for the respondents submitted that the plaintiff’s apprehension that the defendants are going to change the status quo of the suit property is not well founded. He further submitted that plaintiff has no concern whatsoever with the remaining suit property since long. Under these circumstances, in my view, it would be just and proper to direct the Civil Judge, Junior Division, Vasai, before whom Regular Darkhast No.27 of 1986 is pending, to expedite the hearing of Darkhast and the said execution proceedings shall be decided one way or other latest by 31-12-2009. The Executing Court shall see to it that the execution proceedings shall not further prolong as considerable time has passed. Till execution proceedings are decided, plaintiff and defendants are directed to maintain status quo prevailing as on today, for which the learned counsel for the respondents, has no objection. Writ to be sent to the learned Civil Judge, Junior Division, Vasai, immediately. 5. Subject to what is stated above, the Appeal from order is 3 disposed of. In view of disposal of the Appeal from order, no orders are required to be passed in the Civil Application. The same is also accordingly disposed of. 6. Parties to act on an authenticated copy of this order. ( P.B.MAJMUDAR, J.)