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Bombay High CourtCAS/874/2014allowed

Shri Namdev Shrawan Pawar v. Smt. Sushilabai Pandi Deore And Others

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

bsb 1 16.CAS874.14.doc

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 874 OF 2014 IN SECOND APPEAL NO. 376 OF 2014 Shri Namdev Shrawan Pawar ... Applicant v/s Smt.Sushilabai Pandit Deore & ors.

... Respondents Mr.P.S. Dani, senior advocate along with Ajay Patil for the applicant. Mr.Satyajeet Dighe for Respondent Nos.1 to 4. Coram: N.M. Jamdar, J.

Dated: 6 June 2016 P.C.:

Heard learned counsel for the parties.

The Applicant at present is in possession of the suit property. The impugned judgment and order directs the Applicant to hand over the possession of the property. In the circumstances, considering the fact that the appeal challenging the impugned judgment and decree is admitted, it will be in the interest of justice to grant the relief prayed for in the application.

Accordingly, the civil application is allowed in terms of prayer clause (b).

bsb 2 16.CAS874.14.doc Liberty to the Respondents to apply for necessary orders and disposal of the appeal in case the Respondents are agreeable for settlement on monetary terms. Learned senior advocate for the Appellant has shown his willingness to explore the possibility of settlement of dispute on reasonable monetary terms.

( N. M. JAMDAR, J. )