1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 444 OF 2009 IN SECOND APPEAL NO.181 OF 2001 Yeshwant Shripati Patil ..Applicant versus Ramchandra Dattu Methe & Others ..Respondents Mr.P.D.Dalvi for the applicant Mr. Amit Shete i/b. A.B.Borkar for the respondent CORAM : R.Y.GANOO, J. DATE : 26th JUNE, 2009. P.C: 1. The appellant is the original plaintiff who has filed suit for possession of the suit land. The Second Appeal is admitted. The appellant expects that he would succeed in the Second Appeal and hence he wants that no construction should be carried out at the suit site. Since the suit is for recovery of vacant plot of land, if the 2 appellant suceeds he will be entitled to vacant possession of land. Hence if any construction is carried out in the suit property by the present respondent it will always be subject to the result of this appeal. Hence there is no need to pass specific order in the nature of injunction as prayed for. Hence civil application can be disposed of accordingly. ORDER If at all any construction is already carried out, or it is carried out in future, in the suit property same shall be subject to the result of this appeal. There shall be no order as to costs. (R.Y.Ganoo, J.)