KAMLABAI W/O KHEMCHAND JAMBHULKAR Vs. PALASRAM

JUDGEMENT

(1.) HEARD Advocate Mrs. Joshi for petitioner / original plaintiff. Petitioner had filed Regular Civil Suit No.238/1999 for grant of declaration and possession. The 4th Joint Civil Judge, Junior Division, Wardha dismissed that suit on 20.2.2004 after holding that petitioner plaintiff could not prove either her ownership or possession over the property. The petitioner then filed Regular Civil Appeal No.44/2004 and applied for grant of temporary injunction. Vide impugned order dated 30.11.2004, 2nd Ad-hoc Additional District Judge Wardha dismissed that application. Thereafter present writ petition came to be filed and in present writ petition this court initially issued notice on 9.3.2005 and thereafter on 1.7.2005 and while issuing Rule granted interim relief in terms of prayer clause(2) in writ petition. Thus the present respondents have been restrained from obstructing or interfering with peaceful possession of the petitioner during the pendency of the petition.

(2.) WHEN Rule was issued nobody appeared for respondents. Even today nobody appears for respondent. Advocate Mrs. Joshi states that interim order is operating since last more than 3 years and Regular Civil Appeal is of 2004, hence the same should be expedited and interim should be continued to operate during the pendency of the appeal.

(3.) IF the paper book is not ready or not already filed, petitioner / plaintiff shall file Private Paper Book by 31st December, 2008. Thereafter, the court shall decide the appeal as mentioned above. During the pendency of appeal interim orders granted by this court on 1.7.2005 shall continue to operate.