1 6142/2006 CA FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 6142 of 2006 (Hiralal Arora v. Gahninath Kisan Raut) in Second Appeal No. 556 of 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Swapnil Rathi, Advocate for the applicant PER COURT : This Civil Application seeks stay to the impugned Judgment and order of perpetual injunction passed against the applicant / appellant. The applicant / appellant seeks stay to the effect of the Judgment and order passed by the lower Courts because he asserted that he is in physical control and possession of the suit plot of land on which he has constructed a school building, a temple and a bore well. The respondent has not submitted any affidavit to deny the facts mentioned in the affidavit of the applicant / appellant. I am, therefore, inclined to believe the affidavit of the applicant / appellant at this prima facie stage. The case is made out for stay. There shall be order in terms of prayer clause ‘B’ of the application till disposal of the appeal 2 6142/2006 CA In view of above, civil application stands disposed of. 5th July, 11 ( A.V.NIRGUDE, J. ) SRM/