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Bombay High CourtCAS/831/2014disposed off

Savitra Rajaram Kanase v. Hirabai Ramhari Kanase

2016-06-24Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 47.CAS831.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 831 OF 2014 IN SECOND APPEAL NO. 356 OF 2014 ALONG WITH CIVIL APPLICATION NO. 31 OF 2015 Savitra Rajaram Kanase ... Applicant v/s Hirabai Ramhari Kanase & ors.

... Respondents Mr.Nikhil Wadikar i/by Nandu Pawar for the applicant. None present for the respondents.

Coram: N.M. Jamdar, J.

Dated: 24 June 2016 P.C.:

The civil application is filed for two-fold relief. Learned counsel for the Applicant states, on instructions, that he is pressing prayer clause (b), i.e. to restrain the Respondents from creating third party rights. Statement is made by the learned counsel for the Respondents that the Respondent Hirabai will not create third party rights on the basis of the sale deed dated 22 March 2006. Considering this statement already made and the facts and

bsb 2 47.CAS831.14.doc circumstances, it is directed that Respondent Hirabai will not create third party rights pursuant to the sale deed dated 22 March 2006, without seeking leave from the Court.

The civil application is accordingly disposed of. (N. M. Jamdar, J.)