Smt. Sharada Krishnarao Niphadkar v. Ramchandra Mahadeo Upadhye

Sknair 10-cac-4-17-cra-3-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4 OF 2017 IN CIVIL REVISION APPLICATION NO. 3 OF 2017 Smt. Sharada Krishnarao Niphadkar .. Applicant Vs.

Ramchandra Mahadeo Upadhye .. Respondent ...

Mr. Drupad S. Patil for applicant.

Mr. P.N. Joshi for Respondent.

...

CORAM : G.S. KULKARNI, J.

DATE : 9th JANUARY, 2018.

P.C. :

It is not in dispute that the decree in question was executed and the application has been disposed of.

2.

By this application, a prayer is made for restoration of possession of the suit premises. Needless to observe that such a prayer at this stage cannot be entertained. It would be naturally granted, if the applicant succeeds in the Civil Revision Application which is pending adjudication.

3.

Mr. Joshi learned counsel for the respondent submits that as on date the respondent is in possession of the suit premises and that he does not intend to induct any third party in the suit premises and maintain the suit premises in the same condition as they stands today, till the disposal of the Civil Revision Application. The statement of Mr. Joshi is accepted.

Sknair 10-cac-4-17-cra-3-17.doc 4.

In the circumstances, keeping all contentions of the parties open to be urged in the adjudication of the Civil Revision Application, this Civil Application is disposed of. No costs. (G. S. KULKARNI, J.)