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Bombay High CourtCAA/503/2018disposed off

Mr. Sagar Dnyanoba Shelar v. Sou. Suvarna Sharad Kumar And ANR

2019-03-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 9_ao_386_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.386 OF 2018 WITH CIVIL APPLICATION NO.503 OF 2018 IN APPEAL FROM ORDER NO.386 OF 2018 Sagar Dnyanoba Shelar ...Appellant

Versus

Sou. Suvarna Sharad Kumar and Anr.

...Respondents

.....

Mr. Shailendra S. Kanetkar for the Appellant. Mr. Sudhri V. Sadavarte for the Respondent No.1. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 4th MARCH, 2019.

P.C.:- The Appellant herein has challenged the order dated 17/8/2016 whereby the learned 4th Jt. Civil Judge, Senior Division, Pune, had allowed the application at Exhibit-5 retraining the Appellant from erecting any construction on the suit properties or changing nature of the suit property and further from alienating to the extent of 1⁄2 share in the suit property.

2.

The learned counsel for the Appellant and the Respondents, under instructions, submit that the impugned order is in force since Megha 1/2

Megha 9_ao_386_2018.doc August-2016 and the same may be continued till the disposal of the suit. They however, request that directions be given to the Trial Court to dispose of the suit as expeditiously as possible. 3.

In the light of above statement, the interim relief granted by order dated 17/8/2016 is extended till the disposal of the suit. The Trial Court is directed to dispose of the civil suit as expeditiously as possible and in any event within a period of 18 months from the date of receipt of copy of this order. Appeal stands disposed of in above terms.

4.

In view of disposal of the appeal from order, the civil application does not survive and hence stands disposed of . (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2