Pursuant to the earlier dated 01.05.2012, notices were ordered to be issued to the respondents and it was made returnable on 09.05.2012.
It is submitted by Mr.Mehta, learned advocate for the appellant and considering DS Affidavit, it appears that though the respondents received relevant copies but, they refuse to acknowledge the receipt of copies and refused to sign.
However, Mr.Mehta, learned advocate for the appellant, states that to avoid any future complication pertaining to the service of notice, fresh notice may be issued but, at the same time, it is submitted that the respondents are likely to create third party interest in the property. It is submitted that the actual physical possession of the disputed property even today is with the appellant-plaintiff an d even appellant-plaintiff will maintain status-quo position if the respondents are directed to maintain status-quo.
In above view of the matter, Fresh Notice of Appeal from Order and of Civil Application, returnable on 18.06.2012. In meanwhile, both the parties will maintain status-quo.
(J.C.UPADHYAYA,J.) Girish Top