Shri Ganpati Bala Patil v. Nivrutti Vithu Patil (Deceased Thr. L/H.) 1a Smt. Vitabai Nivruti Patil

1206ca1206.12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1206 of 2012 In Second Appeal No.636 of 2012 Ganpati Bala Patil ... Applicant

Versus

Nivrutti Vithu Patil, since deceased, through his heirs Vitabai Nivrutti Patil and others ... Respondents Shri Pradip Patil, Advocate for Applicant.

Coram : R.K. Deshpande, J.

Dated : 12 th June, 2015 P.C.:

The second appeal has already been admitted by framing the substantial question of law. The decree was passed by the Trial Court restraining the defendants from erecting the construction and disturbing the possession of the applicant over the suit property. During the pendency of the appeal preferred by the defendants, there was no interim order; as a result, the decree passed by the Tribunal Court continues to operate.

In view of this, the interim relief in terms of prayer clause (a) shall continue to operate pending the decision of this appeal.

The civil application stands disposed of.

(R.K.DESHPANDE, J.) PD Lanjewar