: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2093 OF 2006 CIVIL APPLICATION NO.2093 OF 2006 CIVIL APPLICATION NO.2093 OF 2006 IN IN IN FIRST APPEAL NO.79 OF 2008 FIRST APPEAL NO.79 OF 2008 FIRST APPEAL NO.79 OF 2008 Ramnarayan Ramgopal Srivastava ...Applicant V/s. Chandadevi Ramnarayan Srivastava & Ors. ...Respondents Mr.Dineshkumar Jain, Advocate, i/b. L.J. Law, for the Applicant. Mr.S.P. Srivastav, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and Advocate for respondent Nos.1 and 2. Admittedly, the respondent Nos.1 and 2, who are the plaintiffs, are in possession of the suit property. Therefore, the applicant cannot dispossess them without adopting due process of law. 2. Hence, no case is made out for grant of interim relief as prayed. 3. Hence, Civil Application is disposed of by passing following order:- : 2 : "O R D E R" "O R D E R" "O R D E R" . Prayers made in the Application are rejected. However, it is clarified that notwithstanding the decree passed by the Trial Court, it will be open for the applicant to adopt due process of law for evicting the respondent Nos.1 and 2. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]