SM 1 41.ao.680.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 680 OF 2011 WITH CIVIL APPLICATION NO. 912 OF 2O11 IN APPEAL FROM ORDER NO. 680 OF 2011 Gita Arjun Kale @ Gita D/o Pandharinath Jadhav ....Appellant. Versus The State of Maharashtra and others ....Respondents. ____________ Mr. Rameshwar N. Gite for the Appellant. CORAM: R. M. BORDE, J. DATED : OCTOBER 12, 2011. P.C.: An application seeking an order of injunction during continuation of the appeal, came to be rejected by the First Appellate Court in view of the order passed on 3rd May, 2011 and the appellant is assailing said order passed by the First Appellate Court. It is recorded by the First Appellate Court while rejecting the application that although the transaction impugned int he suit is dated 1st April, 1974 and the permission was secured by the defendant during the relevant time, the suit is presented after a period of 31 years i.e. on 19th December, 2005. The suit is hopelessly barred by limitation. The First Appellate Court has dismissed the suit holding that the suit of the plaintiffs was out of limitation and the plaintiffs were not entitled for declaration as prayed for and they were also not entitled to seek possession of the suit land from defendant no. 4 and also not entitled to recover compensatory costs from defendant no. 4. The reasons noted by the First Appellate Court, while refusing to grant interim stay SM 2 41.ao.680.11 cannot be said to be erroneous or perverse. No case is made out for causing interference in the order passed by the First Appellate Court of refusal to grant interim relief during continuance of first appeal. 2. The Appeal from Order is devoid of substance hence stands rejected. In view of rejection of the Appeal from Order, pending Civil Application does not survive and stands disposed of. (R. M. BORDE, J.)