Balu Mukund Patil And ORS. v. Tulshidas Bapu Patil

1 24-b CAS 426-15 in SA 202-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 426 OF 2015 IN SECOND APPEAL NO. 202 OF 2015 Balu Mukund Patil and others.

.. Applicants Vs Tulshidas Bapu Patil and others. .. Respondents Mr.D.A.Nalawade a/w Geetanjali Golatkar, for Applicants and Appellants.

Mr.Rajesh Dattar a/w Mr.Dushyant Pagare, for Respondent Nos.1, 2A to 2-C, 3 to 9. Coram : N.M.Jamdar, J.

Date : 30 March 2017.

P.C. :

Heard learned counsel for the parties.

2.

The impugned Judgment and Order directs that the suit property be partitioned and possession be handed over. Considering the fact that the Second Appeal is admitted by order passed today, the order passed on 23 March 2015 directing partition proceeding to go on but the physical possession not be handed over, to continue till the disposal of the Appeal. Civil Application is allowed in terms of prayer clause (a).

(N.M.Jamdar, J.)