Shri. Anil Nemichand Bafna And ORS. v. Shri.Sadashiv Ganpat Ranavare(Dead)Through His Legal Heirs1a.Shri.Ramesh Sadashiv Ranavar And ORS.

caf.435.14.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 435 OF 2014 IN FIRST APPEAL NO. 164 OF 2014 Anil Nemichand Bafna & Ors.

...Applicants

Versus

Sadashiv Ganpat Ranavare, since deceased through his heirs:

1(A) to 1(F) & Ors.

...Respondents

Mr. Abhishek Pungalia for the Applicants Mr. P. K. Dhakephalkar, Sr. Advocate with Mr. Manish Desai & Ms. Tejaswini Bhakare i/b Vidhii Partners for the Respondent Nos. 1 to 4 (except 1-d), 8 to 14 and 17 to 20 CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

MONDAY, 13 th JULY, 2015 P.C. :

1.

Heard learned Counsel appearing for the applicants and the learned Senior Counsel representing the respondents. Perused the impugned judgment. Some of the respondents have acquired right, title, interest in the suit property during the pendency of the Suit. As far as the finding on the execution of suit agreement is concerned, the same has been recorded in the affirmative in favour of the applicants. Therefore, the respondents will have to be prevented from creating third party interests and from developing the suit property without prior permission of this SQ Pathan 1/2

caf.435.14.doc Court.

2.

Civil Application is disposed of by granting temporary injunction restraining the respondents from creating any further third party interests in the suit property and from developing the suit property in any manner without prior permission of this Court. 3.

The learned Counsel appearing for the applicants states that the applicants shall not create any third party rights in respect of the suit property till the disposal of the appeal. We accept the statement. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2