1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5960 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 5960 OF 2010 *** 1. Petition is by a wife with contention that land in dispute is only source of her livelihood. Advocate Shri Rakhunde for the petitioner points out that she has obtained the decree to that effect in Regular Civil Suit No.412 of 2004 and that decree has attained finality. The defendant No.3 (present respondent No.3) has not challenged that judgment and decree. 2. After hearing Advocate Shri Rakhunde I find that the Petitioner filed Regular Civil Suit NO.598 of 2005 to protect her possession and in it also sought temporary injunction. That temporary injunction has been rejected by trial Court on 20th November, 2006. Then she filed Misc. Civil Appeal No.101 of 2006 and vide judgment delivered on 3rd March, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5960 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2010 Adhoc District, Osmanabad as rejected that appeal. 3. Thus, there is concurrent finding against petitioner/ wife. The Courts have found that earlier decree in R.C.S. No.62 of 1981 was confirmed right up to this Court and then in R.D. No.32 of 2001 filed thereafter the present Respondent No.3/ defendant No.3 has obtained possession. There is nothing on record to show that decree obtained by petitioner in Regular Civil Suit NO.412 of 2004 has been executed. 4. In view of the concurrent finding on record I am not inclined to interfere in the matter. However, on account of the request made by learned counsel, and alleged plight of petitioner/wife, proceedings in R.C.S. No. 598 of 2005 are expedited and trial Court is directed to decide the same as pearly as 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 5960 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. possible and in any case within a period of one year from the date of communication of this order. With these observations and direction, present petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/5960