Dattatraya Dhondu Dhavane v. Suryabhan Sitaram Dhavane

72-CAS-777-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.777 OF 2015 IN SECOND APPEAL NO.892 OF 2003 Shri Dattatraya D. Dhavane ... Applicant.

IN THE MATTER BETWEEN

Shri Dattatraya D. Dhavane ... Appellant V/s.

Shri Suryabhan S. Dhavane ... Respondent.

Mr. U.B.Nighot, Advocate for the Applicant/Appellant. Ms.Sangeeta Yadav i/by Niranjan Shimpi, Advocates for the Respondent.

CORAM : N.M. Jamdar, J.

Friday 17 June, 2016.

P.C. :- Application is filed for restraining the respondent from creating third party rights. Suit and the appeal filed by the appellant for specific performance has been dismissed. The second appeal is pending. In view of lis pendens that applies, the appellant can always pursue claims against the subsequent purchaser if any. Therefore, adequate safeguard already been provided in Shivgan

72-CAS-777-2015.doc favour of the appellant, it is not necessary to pass any separate order, more particularly, since both the Courts have held against the appellant. Civil application is, accordingly, disposed of.

(N.M. Jamdar, J.) Shivgan