Shrikant Haribhau Kulkarni v. M/S. Unique Properties And ORS

901 cas858-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.858 OF 2013 IN SECOND APPEAL NO.314 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Abhijeet A. Desai for the applicant Mr.Sachin Deokar i/b Mr.D.R.More for the respondent no.5

CORAM

: K.K.TATED, J.

DATED : 02/09/2015 PC:

Heard the learned counsel for the parties.

Advocate for the applicant submits that in the present Civil Application, this court by order dated 2.5.2014 granted ad-interim relief. He submits that as on today, the applicant is in possession of the open plot of land bearing No.7 (as per the proposed layout) equivalent to Survey No.113/4/1A/1/13 (as per the revenue record). He submits that during the pendency of the present Second Appeal, the respondent nos.1 to 4 may be restrained from disturbing the applicant's peaceful possession of the said plot.

Considering the submissions made by the Mohite 1/2

901 cas858-13.doc learned counsel for the Applicant, the averments made in the Application and the earlier order passed by this court on 2.5.2014, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Respondent nos.1 to 4 and or their agents are restrained from disturbing peaceful possession of the applicant in open plot of land bearing No.7 (as per the proposed layout) equivalent to Survey No.113/4/1A/1/13 (as per the revenue record). b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2