1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.3374/2007 IN FIRST APPEAL NO.2195/2007 Ramavadh Harilal Yadav. ..Applicant -VERSUS- Nandalal Shambhu Yadav and others. ..Respondents ......... Ms.Swati Sawant, Advocate for the applicant. Mr.O.P.Tiwari, Advocate for the respondent No.1. Mr.M.R.Yadav, Advocate for the respondents Nos.2 and 3. .......... ALONG WITH CIVIL APPLICATION NO.3697/2007 IN FIRST APPEAL NO.2245/2007 Nandalal Shambhu Yadav. ..Applicant -VERSUS- Kailash Yadav and others. ..Respondents ......... Mr.O.P.Tiwari, Advocate for the applicant. Mr.M.R.Yadav, Advocate for the respondents Nos.1 and 2. Ms.Swati Sawant, Advocate for the respondent No.3. .......... 2 CORAM : A.P.DESHPANDE, J. DATED : 17th MARCH, 2009. P.C. : 1. The learned counsel appearing for the respective parties point out a typographical error in line No.3 in the order dated 19.01.2009 and point out that the suit has been dismissed and not decreed. The correction by deleting the word “decreed” and substituting the word “dismissed” at it' s place be carried out forthwith. 2. Though the Trial Court dismissed the suit, it has directed an interim order dated 26.08.1993 to be executed. The said direction is referable to the powers of the Court to direct restitution. It is pointed out that the appeal against order was filed against the order dated 26.08.1993 and the same was admitted. An interim order was also stayed. However, the appeal against order came to be disposed of by continuing the stay order till the decision of the suit and the proceedings of the suit were expedited. It is, thus, clear that an interim order was never permitted to operate as the appeal was admitted. 3. I am of the view that it would not serve any purpose to disturb the status-quo which is prevailing from the year 1993 till the date. In the result, the order dated 19.01.2009 granting ad-interim stay stands confirmed. Liberty is granted to the parties to make appropriate applications with a view to issue directions to the Receiver for realizing the rent from the premises which are in 3 occupation of the third parties. The learned counsel for the applicant/appellant undertakes to deposit Rs.8,000/- with the Receiver within a period of two weeks from today. Hearing of the appeals is expedited. 4. Both the Civil Applications are disposed of. JUDGE