Shri Annappa Parasu Kamble (Since Deceased) Through His Lrs v. Shri Hindurao Narayan Patil And ORS

Dusane 1/1 ao216.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.216 OF 2015 Shri. Annappa Parasu Kamble ....

Appellants through LRs Vs.

Shri. Hindurao Narayan Patil & Ors.

....

Respondents Mr. Dundapa B. Patil, Advocate for the Appellants. Mr. Tanaji Mhatugade, Advocate for Respondents no.1 to 16. Mr. A.G. Patil, AGP for the State.

Coram : Smt. R.P. SondurBaldota, J.

Date : 9th March, 2016 P.C.

This appeal arises out of the interim order dtd. 28th November, 2014, by which the District Court, Kolhapur allowed the application for interim relief at Exhibit "8" in regular civil appeal. The interim relief restrains the appellants herein from causing obstruction to the peaceful possession of the respondents and to restrain them from alienating, selling or creating any encumbrances over the suit property. The order under appeal before the District Court holds in terms that the respondents are in possession of the suit property. There is dispute between the parties over the title to the suit property. In that circumstance, there can be no error in the interim reliefs granted by the District Court. Hence, the Appeal from Order is dismissed.

(Smt. R.P. SondurBaldota, J.)