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Bombay High CourtCAS/1073/2015

Latif Isak Bagwan (Since Deceased Thr. Lrs) v. Nazim Jahangir Bagwan (Deceased Thr. Lrs) And ORS.

2018-01-12Hon'Ble Shri Justice Nitin Jamdar2 pages

sr.36.cas.1073.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1073 OF 2015 IN SECOND APPEAL NO.501 OF 2015 Latif Isak Bagwan Since deceased through Lrs.

Zaid Latif Bagwan & ors.

..Applicants.

V/s.

Nazim Jahangir Bagwan Since deceased through Lrs.

Mumtaz Jahangir Bagwan & ors.

..Respondents.

Mr.Nikhil Wadikar i/b.Mr. Nandan Vishnu Pawar for the Applicants.

Mr.Madhav Jayajirai Jamdar for Respondent nos.1A to 1C. CORAM : N.M. Jamdar, J.

DATED : 12 January , 2018.

P.C. :- .

By order dated 9th September, 2015, the Second Appeal is admitted.

2.

Heard learned counsel for the parties.

3.

The decree under challenge is a partition decree. Considering the matter and the submissions, it is directed that Vina K 1/2

sr.36.cas.1073.2015.doc during the pendency and hearing and final disposal of the Second Appeal, the partition proceedings to go on, however, the physical possession from the Appellants will not be taken. The Civil Application is accordingly disposed of.

(N.M. Jamdar, J.) Vina K 2/2