Mohan Narayan Kshirsagar v. Prakash Tukaram Satam

Rane 1/2 AO-276-2021--SR.6 25.1.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 276 OF 2021 WITH INTERIM APPLICATION NO. 2461 OF 2021 MOHAN NARAYAN KSHIRSAGAR } APPELLANT V/S.

PRAKASH TUKARAM SATAM } RESPONDENT * * * * Mr. Asutosh Shukla i/by. Mr. Aarif Ali M. Ali, Advocate for the appellant.

Mr. Pradip Kadam, Advocate for the respondent. Coram : Sandeep K. Shinde, J.

(through Video Conference).

Tuesday, 25th January, 2022.

P.C. :

1) Heard Mr. Shukla, learned Counsel for the appellant and Mr. Kumar, for the respondent.

2) This Appeal challenges the order dated 27th February, 2020 passed in Notice of Motion No.104690/2018 in Suit No. 3153/2018 by which the learned Judge, City Civil Court, Greater Mumbai

Rane 2/2 AO-276-2021--SR.6 25.1.2022 restrained the appellant-defendant from disturbing the plaintiff's possession in the suit property. The learned Judge, inter-alia, holding plaintiff's possession in the suit property, was founded on the documentary evidence and therefore the order impugned, requires no interference. However, taking into consideration, the facts of the case, the learned trial Court is requested to expedite the trial in Suit No.3153/2018 and conclude the same preferably within two years from today.

3) The Appeal from Order is disposed of in the aforesaid terms.

4) With disposal of the Appeal from Order, the Interim Application therein does not survive. The same also stands disposed of.

Digitally signed by NEETA SHAILESH SAWANT Date:

2022.01.25 17:47:34 +0530 NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.)