1 906 ca.4848.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 906 CIVIL APPLICATION NO. 4848 OF 2025 IN SA/242/2025 DILIP VISHWANATH AMALE AND ANR VERSUS GAYABAI SHIVAJI PHOPASE ... Advocate for Applicant : Mr. Tarek Mobin Shaikh, h/f Mr. Shaikh Joyeb Iqbal. Advocate for Respondent : Mr. Sanket S. Kulkarni. ... WITH SECOND APPEAL NO. 242 OF 2025 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 29th September, 2026. P.C.: SECOND APPEAL NO. 242 OF 2025 1 Heard learned Advocates for the appellants and the respondent. Perused the impugned judgment and the judgment of the learned Trial Court. 2 The following substantial question of law is formed:- “Whether the plaintiff proves that she is in possession of the suit property ?” 3 Issue notice to the respondent, returnable on 16th October, 2026. Mr. Sanket S. Kulkarni, learned counsel waives notice on behalf of the respondent. 2 906 ca.4848.25.odt 4 Call for record and proceedings. CIVIL APPLICATION NO. 4848 OF 2025 5 Heard learned Advocates for the appellant and the respondent. 6 It is pointed out that possession warrant has been issued by the Executing Court by passing an order dated 3rd September 2026. It is likely to be executed. If it is executed, then the very purpose of filing of this appeal would be frustrated. The application therefore, deserves to be allowed as prayed. Hence, Civil Application is allowed in terms of prayer clause (B). [ SANJAY A. DESHMUKH, J. ] nga