1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11937 OF 2008 IN SECOND APPEAL NO. 829 OF 2008 Nagorao Datta Shinde & others .. APPLICANTS VERSUS Munjaji Kamaji Shinde & others .. RESPONDENTS Shri N.K. Kakade, Advocate for the applicants. ===== CORAM : R. M. BORDE, J. DATE : 7 th August, 2009. PER COURT : 1 Suit presented by the respondents claiming relief of declaration, possession and perpetual injunction came to be dismissed by the trial court on 28-11-2005. Appeal carried by the respondents / original plaintiffs came to be allowed by the first appellate court on 18-8-2008. First appellate court apart from declaring the plaintiff as owner of land gat no. 233 to the extent of 40 gunthas has also clamped restrain order against the defendants / applicants herein restraining them from causing obstruction to the possession of the original plaintiff / respondent. Order came to be passed by the District Court on 18-8-2008. Dispute between the parties is in respect of 40 2 gunthas of land. An affidavit has been presented by the applicants wherein it has been stated that inspite of presentation of application at exh. 45 seeking temporary injunction, trial court did not consider the application, so also at appellate stage, request was made by the original plaintiffs seeking protection in respect of possession over an area to the extent of 20 gunths. However, first appellate court also did not grant protection. Considering these facts, application presented by the applicants need to be considered favourably. Direction contained in the decree passed by the first appellate court on 18-8-2008 thereby putting restrain against the applicants in respect of causing obstruction to the alleged possession of the plaintiffs / respondents herein over 40 gunthas of land out of gat no. 233 stands stayed. Civil application stands disposed of. ( R. M. BORDE, J.) dyb/office/ca11937.08.odt