1 ao647.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 647 OF 2011 IN Civil Application No. 876 of 2011 IN AO 647/2011 Mahammad Akil Gulamali Somjil & ors. ....Appellants v/s. Sadruddin Mangalji Khoja & anr. ....Respondents Mr. A.A.Kumbhakoni i/b A.B.Borkar for the appellants. Mr. J.D. Khairnar for respondents 1 and 2. CORAM: R.M. BORDE, J. 8th November, 2011 PC: Heard respective Counsels appearing for the parties. Admit. 2. With the consent of the parties, matter is taken up for final disposal. 3. Perused the order passed below exhibit 5 in Special Civil Suit No. 1739/2010 decided on 22nd February, 2011. The trial Court while allowing the application at exhibit 5 presented by the respondents-original plaintiffs has directed the parties to maintain status-quo of the subject matter of the suit in all respects till the final disposal of the suit. The application presented by the plaintiff at exhibit 5 is for purpose of grant of an order restraining the defendants from obstructing the possession of the plaintiff over the suit property. Considering the application as well as the nature of the dispute, it was incumbent upon the trial Court to record a finding as regards the 2 ao647.11.sxw possession of the plaintiff over the disputed property. On perusal of the order it transpires that trial Court has not recorded any positive finding as regards the plaintiff’s possession over the disputed property. The trial Court has, however, without recording such finding proceeded to pass order directing parties to maintain status-quo. 4. Apart from this aspect, it transpires that trial Court has misconstrued the facts and arrived at an erroneous conclusion. The trial Court refers to transfer of property by defendant no.3 and 4 in favour of defendant no.5. However, on perusal of record it appears that there are only three defendants impleaded in the suit. The trial Court has in substance messed the facts and has passed an order which is capable of being put to different interpretation. It is desirable that the trial Court shall proceed to reconsider the application at exhibit 5 presented by the plaintiff and shall pass an order either allowing the application or rejecting the same, on its own merits. 5. For the reasons recorded above, Appeal from Order stands allowed. The order passed by the Joint Civil Judge Senior Division, Pune on 22nd February, 2011 below exhibit 5 in Special Civil Suit No. 1739/2010 is set aside and trial Court is directed to reconsider the application at exhibit 5 presented by the plaintiff and decide the same on its own merits and in accordance with provisions of law, without being influenced by the order passed by this Court. 6. In view of disposal of Appeal from Order, civil application does not survive and stands disposed of. (R.M.BORDE, J)