Shri Francis Ermon Farel v. 1. Shri Harshakant Jagmohandas Pratap And ANR

bsb 1 13.CAS181.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 181 OF 2009 IN SECOND APPEAL NO. 50 OF 2009 Shri Francis Ermon Farel ... Applicant v/s Shri Hareshkant Jagmohandas Pratap through his C.A.

Rajnikant J. Pratap & anr.

... Respondents Mr.P.S.Dani, senior advocate along with Ajui Nerurkar for the appellant in S.A.No.50 of 2009 and applicant in CAS No.181 of 2009. Ms.Swati Sagvekar for Resp. Nos.1A to 1D.

Mr.G.K.Tripathi for Resp. Nos.2A to 2D.

Coram: N.M. Jamdar, J.

Dated: 14 June 2016 P.C.:

By the order passed today, Second Appeal No.50 of 2009 is admitted.

The ad-interim order was passed in the second appeal in the year 2009 directing the parties to maintain status-quo, which is continued till date.

The Applicant is in possession of the suit property. The sale certificate issued under Section 32-M of the Bombay Tenancy and

bsb 2 13.CAS181.10.doc Agricultural Land Act, has been set aside by the Civil Court against which order the second appeal has been admitted.

The civil application is accordingly disposed of in terms of prayer clause (a).

The Applicant will not create any third party rights in respect of the suit property without leave of the Court.

( N. M. JAMDAR, J. )