1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLN. NO. 5220/2005 IN SECOND APPEAL NO.465/2005 Shantabai Verma -vs- Deepak Dongare. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. Saboo, Adv. For appellant. Mr. Jaipurkar, Adv. For respondent No.1 CORAM : Smt. Vasanti A. Naik, J. DATED : 05/08/2008. When civil application was listed before the court on 03/07/2008, the learned counsel on both the sides were heard. It was submitted on behalf of the respondent No.1 that the respondent No.1 had already executed the decree and obtained possession of the property. On the other hand, a statement was made by the learned counsel for the appellant that he was not informed by applicant about filing of the execution proceedings. The time was granted to the parties to seek instructions and make a statement in that regard. The matter was thereafter fixed on 28/07/2008. On 28/07/2008 the matter was adjourned to 05/08/2008 at the request of the counsel for the respondent No.1. As on today no affidavit is filed either by 2 the respondent No.1 or the appellant to bring the proper facts to the notice of the court. It however submitted on behalf of the appellant that on taking instructions from the appellant that though paper possession of respondent No.1 is shown, actual possession is with the appellant only. That this fact is disputed by the learned counsel for the respondent. In the facts and circumstances of the case, it would be necessary to continue the order dated 03/07/2008 during the pendency of the proceedings, by which the parties were made to maintain status quo. The parties are therefore directed to maintain status quo during the pendency of the second appeal. Civil application is allowed in the aforesaid terms and disposed of. JUDGE gsk