Shri. Jagdish Chhaganlal Dhabalia Through Power Of Attorney Shri. Mehul J. Dhabalia v. Shri. Ramesh Hamirmal Bafana And ORS.

901-caf-1539-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1539 OF 2014 IN FIRST APPEAL NO. 355 OF 2014 Jagdish Chhaganlal Dhabalia ..Applicant V/s.

Ramesh Hamirmal Bafna & Ors.

..Respondents ---- Mr. Hiralal Thacher Senior Advocate a/w. Ms. U.S. Patel i/by M.M. Patel & Co., Advocate for the applicants. Mr. Ketan Joshi i/by S.A. Sawant Advocate for the Respondent no.1 ---- CORAM : ABHAY S. OKA & C.V. BHADANG, J.J.

DATE : 22ND APRIL, 2015 P.C.

1.

The learned counsel appearing for the 1st respondent, on instructions states that the said respondent will not transfer the suit property in any manner or will not create any third party rights in any manner whatsoever without seeking prior permission of this Court. We accept the said statement.

2.

It is obvious that none of the other respondents will be entitled to create any third party rights pending the appeal. Hence, we dispose of the application by passing following order.

nsk page 1 of 2

901-caf-1539-2014 : ORDER :

(i) We accept the statement made by the learned counsel appearing for the 1st respondent on instructions.

(ii) There will be interim relief in terms of prayer clause (b) as against the rest of the respondents.

[C.V. BHADANG, J.] [ABHAY S. OKA, J.] nsk page 2 of 2