Shri Rajan Panchaoli v. Smt. Tarabai V. Hate And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2804 OF 1995 Shri Rajan Pancholi, since deceased 1(a) Mrs. Aruna Rajan Pancholi- deceased 1(b) Mr. Adtya Rajan Pancholi alias Nirmal Rajan Pancholi & Ors.

.. Petitioners vs.

Tarabai V. Hate - since deceased through legal heirs Smt. Suman Nandkumar Hate & Ors.

.. Respondents Mr. N.C. Parekh i/b Mansukhlal Hiralal & Co. for the Petitioners. Mr. M.S. Bhandari a/w. Sanjukta Dey for the Respondents. CORAM : M.S. SONAK, J.

DATE : 6 OCTOBER, 2015.

P.C. :

1) In compliance with the order made in paragraph 44 of the judgment and order dated 10 September 2015, Petitioner Nos.1-B and 1-D have filed the usual undertaking/s. Petitioner No.1-C has not filed the usual undertaking and the learned Counsel appearing for the Petitioners states that Petitioner No.1-C is not willing to file usual undertaking. In these circumstances, Petitioner No.1-C is restrained from creating any third party rights in suit premises or parting with possession thereof. In fact, the learned Counsel for the Petitioner states that, Petitioner No.1-C is not in 1/3

possession of the suit premises. However, the learned Counsel for the Respondent No.1-G insisted that Petitioner No.1-C is in possession of suit premises. In view of such insistence, the restraint order is passed as against Petitioner No.1-C.

2) Accordingly, praecipe is disposed of.

(M.S. SONAK, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed Judgment / order.

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