1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2886 OF 2010 (Gulabrao Laxman Mankhair vs. Sau. Banabai w/o Shankar Kolhe & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JUNE 29, 2010. Heard Shri Sohoni, learned counsel for the petitioner. In a suit for partition and separate possession filed by the respondent, temporary injunction was operating against the petitioner. Suit came to be decreed and in Regular Civil Appeal, the petitioner – defendant sought stay of judgment and decree delivered by the trial Court. That has been rejected by the learned District Court. The contention of Shri Sohoni, learned counsel is, possession of the petitioner as servant is already found by the trial Court and at least that possession needs to be protected during the pendency of appeal. I find that the said finding of trial Court cannot be said as finding of conclusive possession of the petitioner. The appellate Court has noticed that there was no temporary injunction in favour of the petitioner but it was operating against the petitioner and ultimately 2 suit came to be decreed. In this situation, I am not inclined to interfere in suit property. The proceedings in Regular Civil Appeal No. 134 of 2009 pending on the file of Principal District Judge, Akola, are expedited and said Court shall attempt to decide the appeal as early as possible and in any case by 31st March 2011. The petitioner shall supply private paper book by 15th August 2010. Writ Petition is disposed of accordingly. No order as to costs. JUDGE *GS.