Kashinath Laxman Rathod v. 1. The State Of Maharashtra And ORS.

Trupti 35-cas-984-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 984 OF 2013 IN SECOND APPEAL NO. 387 OF 2013 Shri Kashinath Laxman Rathod ...Applicant

Versus

The State of Maharashtra & Ors.

...Respondents

......

Mr.Amit Borkar for the Applicant.

Mr. A.R. Patil, AGP for Respondent Nos. 1 and 2/State. ......

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE :

MARCH 01, 2018 P.C.:

1.

The learned Counsel for the applicant submits that this Civil Application is filed for injunction. Respondent nos. 3,6 and 7 are served. He further submits that the Second Appeal was admitted on 30th June, 2014. The applicant, who is original plaintiff, is in possession of the suit land. Hence, he prays that the execution and implementation of the impugned judgment and order dated 2nd April, 2013 passed by the learned District Judge-1, Solapur in Civil Appeal No. 307 of 2007 thereby dismissing the appeal and confirming the 1 / 2

Trupti 35-cas-984-13.doc judgment and order dated 30th October, 2007 passed by the learned Civil Judge, Senior Division, Solapur in Regular Civil Suit No. 620 of 1997 be stayed.

2.

None appears for the respondents except respondent nos. 1 and 2. Other respondents are the main contesting parties and decree holders. The issue of possession is involved. As the Second Appeal is admitted, interim injunction which was granted earlier is hereby confirmed.

3.

Civil Application is allowed and is accordingly disposed of. (MRIDULA BHATKAR, J.) 2 / 2