1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 120/2010 (Smt. Kunjrani Atulchandra Mistri (dead) Atal Ashwini Mistri & others VERSUS State of Maharashtra & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.S. Kukday, counsel for the appellants. Mrs. Mayuri Deshmukh, Assistant Government Pleader for the R-1. Shri M.P. Badar, counsel for the R-2 & 3. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 1 , 2010 . On hearing the learned counsel for the parties and on consideration of the pleadings and the judgments passed by the Courts, the second appeal is ADMITTED on the following substantial question of law. I) Whether the defendants could have dispossessed the plaintiffs-appellants from the suit property when, it was pleaded by the plaintiffs that the suit land was not reserved forest as declared by the Government under the provisions of Indian Forest Act and there was no notification under Section 20 of the Indian Forest Act, 1927 declaring that the Forest was a reserved forest ? Call for Record & Proceedings. C.A.S. NO. 225/2010. Heard. 2 The second appeal is admitted on a substantial question of law. It is not in dispute that the appellants are in possession of the suit property at least since the year 1981-82. In the aforesaid circumstances, it would be necessary to protect the possession of the appellants over the suit property during the pendency of the second appeal. The judgments passed by the Courts are stayed and the possession of the appellants is protected subject to the appellants furnishing surety/security to the tune of Rupees Two Lacs to the satisfaction of the trial Court within a period of three months. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE