( 1 ) C.A. No. 7969/2003 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 7969 of 2003 (In Second Appeal Stamp No. 24334/2003) (Vinodkumar Balaprasadji Shukla, Died per L.Rs., Smt. Manoramabai Vinodkumar Shukla, etc. & others Vs. The State of Maharashtra, through District Collector, Nanded, and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. M.M. Patil (Beedkar), Advocate, for the applicants. Mr. S.D. Kaldate, Assistant Government Pleader, for respondent no.1. Respondent no.2 served. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 17TH MARCH 2010 1. Heard Mr. M.M. Patil (Beedkar), learned Counsel appearing for the applicants. 2. According to the applicants / appellants, their landed property has been illegally encroached upon by the ( 2 ) C.A. No. 7969/2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Industrial Training Institute at Nanded. The plaintiff succeeded before the learned Civil Judge (Senior Division), Nanded, in Special Civil Suit No. 55/1986. The plea set up by the authorities, of adverse possession, was accepted by the first appellate court. The Second Appeal is admitted. 3. Considering the nature of controversy, though several prayers are made by the appellants, including not to carry out any construction over the disputed portion of the property or not to change its nature, however, since the appeal is admitted, any act of development by the respondent shall be subject to outcome of the appeal. The request for restraint, in terms of injunction, is difficult to adhere to. It is clarified, that any such development will be faced with the outcome of the Second ( 3 ) C.A. No. 7969/2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Appeal by the State. 4. Consequently, the Civil Application is dismissed. ( K.U. CHANDIWAL ) JUDGE bgp/ca7969