:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPEAL NO. 6101 OF 2008 APPEAL NO. 6101 OF 2008 APPEAL NO. 6101 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2354 OF 2008 APPEAL NO.2354 OF 2008 APPEAL NO.2354 OF 2008 The Maharashtra State Electricity Distribution Company Ltd. ..Applicant V/s Manav Mandir Builders ..Respondent Mrs. A.R. S. Baxi for the applicant Mrs. Anjali Helekar for the respondent CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 19TH DECEMBER, 2008 P.C. 1. This is defendant’s appeal. A decree has been passed against the appellant-original defendant to hand over the possession of encroached portion from Survey No.33(B) Hissa No.2. However, surprisingly in the decree the area encroached has not been stated. Therefore, the decree as it is cannot be executed. Apart from that, on the alleged encroached portion the appellant’s electricity station is erected and that has been erected long back. Therefore, if the encroachment is beyond a period of 12 years, we will have to scrutinise as to whether the suit is within :2: the limitation. Since the factual and legal aspects are involved in the present matter and since the public utility service station of electricity is erected in the said place, allowing the execution of decree will not only affect and cause inconvenience to the appellant but also to the public at large. Therefore, we are inclined to grant stay to the execution of decree till the disposal of the appeal. 2. The execution of the decree is hereby stayed till the final disposal of the appeal. 3. Civil Application is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B. (S.B. (S.B. MHASE, J.) MHASE, J.) MHASE, J.)