( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6423 OF 2010 Smt. Gangubai Gurunath Hasbe PETITIONER VERSUS Annarao Shyamrao Ambegave & others RESPONDENTS .... Mr. B.N. Patil, advocate for the petitioner. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 17th August, 2010] PER COURT : 1. Heard learned counsel. 2. The petitioner suffered decree for declaration of ownership and injunction. He preferred appeal vide R.C.A. No. 20/2010. In his appeal, he applied for suspension of the decree vide application (Exh-8). The first Appellate Court partly suspended the decree in respect of declaration of ownership but refused such relief to the extent of decree of injunction. The injunction decree cannot be suspended or stayed under Order-XLI Rule-5 of the Code of Civil Procedure. The petitioner is at liberty to apply for ad-interim injunction, if any, if he has a good case and can establish a ( 2 ) prima facie case regarding his possession. The petition is, therefore, dismissed. [V.R. KINGAONKAR] JUDGE NPJ/wp6423-10