( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10199 OF 2010 Manohar s/o. Sarangdhar Pawar .. Petitioner Age. 61 years, Occ. Agri., R/o. Sapnai, Tq. Kallam, Dist. Osmanabad. Versus Narayan s/o. Dhondiram Barakhote .. Respondent Age. 56 years, Occ. Agri., R/o. Sapnai, Tq. Kallam, Dist. Osmanabad. Mr. B.R. Sontakke-Patil, Advocate for the petitioner. Mr. V.S. Tanwade, Advocate for sole respondent. CORAM : R.M. BORDE,J. DATED : 27.10.2010 ORAL JUDGMENT :- 1. Rule. With consent of the parties, the petition is taken up for final disposal at admission stage. 2. The petitioner/original defendant is raising exception to the order dated 14.09.2010 passed by the District Judge-3, Osmanabad below Exh.5 in Regular Civil ( 2 ) Appeal No. 257 of 2009, refusing to grant stay to the decree passed by the Trial Court. It is brought to my notice that the Trial Court has granted decree restraining the defendant from obstructing possession of the plaintiff in respect of landed property mentioned in paras 2 and 3 of the plaint. It is pointed out by the Counsel appearing for the petitioner that the decree passed by the Trial Court is in excess of the relief prayed for by the plaintiff in his plaint. My attention is invited to the prayer clause mentioned in the plaint wherein the respondent/original plaintiff claims relief in respect of land Gat Nos. 283, 286, 287 and 289 alone; whereas the Trial Court while passing the decree has clamped restraint order against the defendant in respect of landed property mentioned in para No. 2 i.e. land Gat Nos. 292, 293 and 294. 3. It is obviously an error on the part of the Trial Court to clamp injunction against the defendant in respect of property mentioned in para No. 2 of the plaint. The First Appellate Court should have restricted the order only in respect of land mentioned in para 3 of the plaint. In this view of the matter, injunction granted by the Trial Court ( 3 ) shall remain operative only in respect of land Gat Nos. 283, 286, 287 and 289. The decree of injunction granted by the Trial Court in respect of land Gat Nos. 292, 293 and 294 shall stand stayed during the pendency and final disposal of the appeal. 4. With the directions stated above, the petition stands disposed of. Rule is accordingly made absolute. There shall be no order as to costs. [R.M. BORDE,J.] snk/2010/OCT10/wp10199.10