Subhavati Girdhari Yadav v. Sunilkumar Ramdhari Sharma

26 caf1755-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1755 OF 2012 IN FIRST APPEAL NO.1059 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.B.A.Singh for the applicant Mr.Abhay D. Thorat for the respondent

CORAM

: K.K.TATED, J.

DATED : 29TH JANUARY, 2015 PC:

Heard the learned counsel for the parties.

The learned counsel for the applicant submits that the trial court by order dated 16.04.2012 granted interim protection in terms of prayer clause (b) of the plaint excluding the possession of the suit premises. Same be continued till the hearing and final disposal of the First Appeal.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and the facts pointed out by the learned counsel for the Mohite 1/2

26 caf1755-12.doc respondent, I am of the opinion that in the interest of Justice, interim protection granted by Trial Court on 16.4.2012 to continue till the hearing and final disposal of the First Appeal. Hence, following order:

a Interim protection granted by trial court on 16.4.2012 to continue till the hearing and final disposal of the First Appeal.

b Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2