1802sa461.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO. 461 OF 2009 AND CAS NO. 919/09 IN SECOND APPEAL NO. 461 OF 2009 (Tima Lahu Khankhure Vs. Gopichand Nathu Khankhure) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. D. B. Walthare, Advocate for the appellant. Mr. P. V. Thakre, Advocate for respondents No. 1 to 3. C ORAM : F. M. REIS, J. DATED : 18th February, 2010. Heard learned Counsel for the appellant and the respondents. Admit on the following substantial questions of law:- (1) Whether the finding of the learned lower appellate Court to the effect that the respondents are owner of the property stands vitiated for non consideration of the documents at Exhs. 47, 49, 52 and 54? (2) Whether the lower appellate Court was right in coming to the conclusion that title of the suit property vested in the respondents when no documents of title are produced by the respondents? CAS NO. 919/09 : Heard learned Counsel for the appellant and the respondents. This is an application for stay of the impugned judgment and decree passed by the lower appellate Court 1802sa461.09.odt 2/2 whereby the appeal preferred by the respondents came to be allowed. In view of the said judgment, the appellant has been ordered and decreed to deliver the possession of the suit property as well as the house. It is the contention of the applicant/appellant that the plot as well as the house belongs to the appellant. The learned Counsel for the respondents disputed the contention of the appellant and states that the plot was allotted by the Nagpur Improvement Trust to the respondents and a house was constructed thereon from their own resources. Considered the rival contentions of the parties. It is an admitted fact that the appellant is occupying the house and the property, the possession of which has been ordered to be delivered to the respondents. In the interest of justice, the effect and execution of the impugned judgment and decree dated 08/7/2009 passed by the lower appellate Court in regular civil appeal No. 361 of 2003 is stayed subject to appellant's depositing in this Court a sum of Rs. 5,000/- (rupees five thousand only) per annum in the month of May of every year until the disposal of the appeal. The said amount of Rs. 5,000/- for the current year shall be deposited on or before 31st May, 2010. The amounts deposited shall be subject to further orders to be passed at the time of disposal of the appeal. The application stands disposed of accordingly. JUDGE wwl