1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No.403/2009 ( Manohar Bhajipale + 2 ..V/s.. Mainabai Shivarkar ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. N.S. Bhattad, counsel for the appellants. Mr. A.A. Kathane, counsel for the respondent. Coram : F.M.REIS, J.. Dated : 25th January 2010. Heard the learned counsel for the appellant and respondent. Admit on the following substantial question of law - Whether the suit for declaration and possessory title in respect of Government property is maintainable in absence of State Government joined as party ? C.A.S. No.808/2009 Heard the learned counsel for the applicants and respondent. This is a second appeal preferred 2 against the judgment and decree passed by the leaned Appellate Court whereby the appellants have been ordered to restore the possession of the suit property to the respondents. The second appeal has been admitted by order passed today. After hearing the learned counsel for the applicants and respondent it has been fairly submitted that income of the suit property is around 15,000/- per annum. Considering the facts and circumstances of the case, ends of justice would be met if the impugned judgment and decree passed by the Appellate Court for restoration of the possession is stayed on some terms. As such the operation and execution of the impugned judgment and decree dated 22/6/2009 passed by the District Jude-2, Chandrapur in Regular Civil Appeal No.157/2005 is stayed subject to applicants’ depositing a sum of Rs.10,000/- per annum in this Court until the disposal of the above appeal. The first installment of Rs.10,000/- shall be deposited within one month from today. The remaining amount shall be paid every year before 31st of March of the each successive year. The amount deposited shall be subject to the final order in the 3 above second appeal. Application stands disposed of accordingly. Judge. Tambaskar.