1 C.A.No.9447.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9447 OF 2010 (Ashabai Anandrao Shinde & anr V. Syed Pasha Syed Mustafa & ors) in FIRST APPEAL (ST) NO. 18379 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 21st April, 2011. PER COURT : 1. This is an application for stay to the impugned Judgment and Decree. 2. The present respondent No. 1 had filed a suit for declaration and possession. The trial Court declared that the suit property was not a evacuee property. 2 C.A.No.9447.10 3. Shri Momin Mustafa, learned counsel for the original plaintiffs, vehemently opposes the application, on the ground that, the plaintiff, since his father, is litigating and fighting for his property. Since 1954, the plaintiff and his father were prosecuting the matter. The Administrator of evacuee property, on the wrong premise that the predecessor of the plaintiff has left India, has declared the same as evacuee property. The Trial Court, after appreciation of whole evidence has come to the conclusion that the plaintiffs are legal heirs and successors of deceased Syed Pasha, and their father owned and possessed the suit land. Shri Momin Mustafa, learned counsel relied on the observations of the trial Court in this regard. The learned counsel also submits that as stay is granted in favour appellants, they may be directed to deposit Rs. Twenty lakhs in this Court. 4. The First Appeal is already admitted. All these contentious issues will have to be 3 C.A.No.9447.10 gone in to at the time of final disposal of the appeal. As the First Appeal is already admitted, it would be in fitness of thing to maintain status-quo of the property. The concept of irreparable loss and balance of convenience, even if considered would weigh in favour of the appellant in as much as appeal is admitted and still pending. When the appeal is admitted, possession will have to be protected. 4. In that light of the matter, the impugned Judgment and Decree is stayed. However, the applicants shall not alienate, create third party interest, nor shall change nature of the suit property in whatsoever manner. 5. Taking into account, the fact that the plaintiff is litigating since long time, the applicants are directed to prepare paper book and submit the same within a period of eight weeks from today. Print dispensed with. Liberty to the plaintiffs to move for 4 C.A.No.9447.10 early hearing, on submission of paper book. 6. Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*