1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 199 OF 2009 WITH CIVIL APPLICATION NO. 238 OF 2009 Komal Ramesh Pawar & Ors. .... Appellants V/s. Bhagwansing Devsing Bagul .... Respondent Mr. A.R. Shaikh for the appellants. Mr. M.M. Sathaye for the repsondent. CORAM : R.V. MORE, J. DATED : 4TH MAY 2009. P.C. Heard Mr. Shaikh for the appellants and Mr. Sathey for the Respondents. 2. By the impugned order Respondent’s application for temporary injunction restraining the appellants from making further construction on the part of the suit land till disposal of the appeal came to be granted. 3. The appellants are the original defendants and the respondent is the original plaintiff. Suit was for possession of suit property which came to be decreed by the Trial Court. The appellants-defendants preferred an appeal being Regular Civil Appeal No. 87 of 2001 in District Court and has obtained stay to the decree of possession. During the pendency of the appeal, the appellants started construction on the suit property and therefore the respondents constrained to take out present skt/- 2 application which came to be allowed by passing order impugned in the present Appeal from Order. 4. Mr. Shaikh, learned senior counsel for the appellant submitted that appellant is carrying out minor repairs to the suit premises. Mr. Sathey on the contrary reiterated the stand of the respondent in the lower appellate court. 5. The lower appellate court on the basis of photographs produced by the respondent found that appellants have erected cement pillars which shows that the appellants proposed to make new construction. I do not find any error in the finding recorded by the lower appellate court so as to enable me to interfere in the impugned order. Appeal from order is accordingly dismissed. 6. In view of the disposal of the above Appeal from Order, the Civil Application will not survive and the same is accordingly disposed of. (R.V. MORE, J.) skt/-