1 909-ca-712-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.712 OF 2011 IN SECOND APPEAL NO.264 OF 2011 Shri Vijaynath K. Kahlbute .. Applicant V/s. Shri Namdeo P. Kale & Others .. Respondents Mr.S.S.Salunkhe, for Applicant. None for Respondents. CORAM:- G.S.GODBOLE,J. DATED:- 17th JUNE, 2011. P.C. 1. By prayer Clause (a) of this Civil Application, the Applicant has prayed for stay of effect and implemention of the Judgment and Decree dated 9 th December, 2010 passed by the Ld.Ad-Hoc District Judge, Solapur in Civil Appeal No.82 of 2003. 2. Perusal of the Judgment and decree of the Courts below indicates that while the Trial Court had decreed the 2 909-ca-712-11.sxw suit and passed a decree for possession of the encroached portion, the lower Appellate Court has allowed the Appeal and the suit has been dismissed. There cannot be stay of an order of dismissal of the suit. The application is, therefore, rejected. It is clarified that this Order will not preclude the Applicant/Plaintiff to file appropriate application for protecting the portion of land ad- measuring 15R in respect of which the findings regarding encroachment have been recorded by both the Courts below. (G.S.GODBOLE,J.)