1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1453 OF 2010 IN SECOND APPEAL NO. 549 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.C.G.Patil, for the applicant-appellant. Mr.S.B.Shetye, for the respondents. CORAM : D.B.BHOSALE, J. DATED : 15/10/2010 PC: 1. Heard learned counsel for the parties. 2. Rule. Rule returnable forthwith. By consent of learned counsel for parties, rule is heard. 3. By this civil application,the applicant has prayed for stay of the impugned judgment and order passed by the appellate court. I have perused the judgment and order of the appellate court and more particularly the observations made by the appellate court on point nos 2 and 3 framed for determination. After having considered the entire evidence on record, the appellate court has clearly recorded that the appellant has T 2 proved his title and possession over the suit land and he is entitled for relief of mandatory injunction, as prayed for in the suit. In the circumstances, the judgment and order of the appellate court cannot be stayed insofar as possession of the respondent-plaintiff is concerned. Hence the application is rejected. (D.B.BHOSALE, J.)