FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 4824 of 2006 IN SECOND APEAL No. 417 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15th November, 2010 PER COURT : 1. This is an application for stay of the impugned Judgment and Decree, by virtue of which the present appellant is directed to hand over the possession of the suit property to the non applicant / original plaintiff. The Second appeal is admitted by this Court on 17th April, 2007. 2. Shri Vibhute, learned Counsel for the non applicant vehemently opposes the prayer for stay, on the ground that the lower appellate Court is in his favour and it has been rightly held that the present applicant is not entitled for protection under Section 53-A of the Transfer of Property Act. The said issue will be required to be dealt with at the time of final hearing of the matter, as the decree is for possession, the possession of the applicant will have to be affected. 3. In the light of the same, the present Civil Application is allowed in terms of prayer clause A, on condition that the applicant shall not alienate, create third party interest or encumber the suit property in whatsoever manner. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*4824.06CA