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Bombay High CourtCAS/902/2013allowed

Rangrao Krishna Patil D/H v. 1. Sau. Banutai Yashwant Patil D/H And ORS

2015-12-02Hon'Ble Shri Justice R.D. Dhanuka1 pages

ppn 1 3.cas-902.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.902 OF 2013 IN SECOND APPEAL NO.339 OF 2013 Rangrao Krishna Patil (since deceased) through legal heirs 1a. Shivaji Rangrao Patil &Ors.

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Applicants Vs.

Banutai Yashwant Patil (since deceased) through legal heirs 1a. Vilas Yashwant Patil & Ors.

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Respondents --- Mr.Bhusan Walimbe for the applicants.

Mr.S.S. Patwardhan for the respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd December 2015 P.C.

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The interim injunction granted in favour of the appellants (original plaintiffs) by the Trial Court in the application Exhibit-5 i.e. injunction against the respondent no.4, to continue during the pendency of the second appeal. It is made clear that this interim injunction will not preclude the respondent from filing a suit for partition. 2.

Civil application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.