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Bombay High CourtCAS/196/2017allowed

1) Shri. Shankar Laxman Bhosale(Since Decd. Thgh. His Heirs) 1a) Shri. Ramchandra Shankar Bhosale A v. 1)Shri. Keru Parashuram Bhosale And ANR.

2017-11-07Hon'Ble Shri Justice A.A. Sayed2 pages

k 1/2 44 cas 196.17 in sa as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.196 OF 2017 IN SECOND APPEAL NO.70 OF 2017 Kisan Shankar Bhosale & Ors.

... Applicants.

IN THE MATTER BETWEEN

Shankar Laxman Bhosale since deceased, through his heirs.

... Appellants vs.

Shri Keru Parashuram Bhosale & Anr.

... Respondents Ms. Shraddha Pawar I/b Mr. Dilip Bodake for the Applicants/Appellants. Mr. Nikhil Wadikar I/b Mr. Nandu V. Pawar for the Respondent No.1. Coram : A.A. Sayed, J.

Date : 07 November 2017 P.C. :

This Civil Application is filed by the Applicants/Appellants who are the heirs of the Appellant No.1B namely, Kisan Shankar Bhosale for the following reliefs:

"(a) This Hon'ble Court be pleased to grant leave to the Applicants to allow to file the Second Appeal alongwith the other Applicant Nos.1A, 1C and 1D thereby challenging the impugned judgment and order dated 14.12.2016 passed by the Principal District Judge, Satara, in Regular Civil Appeal No.283 of 2011 arising out of the judgment and decree dated 26.09.2011 passed by the Vth Joint Civil Judge, Junior Division, Satara in Regular Civil Suit No.284 of 2007;

k 2/2 44 cas 196.17 in sa as.doc (b) Pending the hearing and final disposal of the above said Appeal, this Hon'ble Court be pleased to grant the injunction against the Respondent No.1/Defendant No.1 or any person claiming through him from obstructing and disturbing the Plaintiffs peaceful possession over the suit property bearing old Survey No.42, Hissa No.4/3, its New Gat No.136 admeasuring 0.3 R situated at village Shendre, Taluka and District Satara;"

The Civil Application is not opposed by the Respondents and the same is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks from today. (A.A. Sayed, J.) katkam