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Bombay High CourtCAS/1123/2015allowed

Smt. Devkubai Atmaram Patil And ORS. v. Shri. Ramchandra Barkya Patil (Since Deceased Thr. Lrs) And ORS.

2015-07-31Hon'Ble Shri Justice Ravi K. Deshpande2 pages

cas1123.15.O.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (C.A.S.) NO.1123 OF 2015 WITH CIVIL APPLICATION (C.A.S.) NO.1502 OF 2014 IN SECOND APPEAL NO.629 OF 2014 (Smt. Devkubai Atmaram Patil and others Vs. Shri Ramchandra Barkya Patil and others) Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's orders.

Shri Ajit Kenjale a/w Shri Rajesh Dharap, Advocate for Appellants. Shri R.M. Lanjekar, Advocate for Respondents. CORAM: R.K. DESHPANDE, J.

DATE: 31 st JULY, 2015.

Heard the learned counsel appearing for the parties. Shri Damle, the learned Senior Counsel assisted by Shri Kenjale appears for the respondents in Second Appeal, who has filed Civil Application No.1123 of 2015. The appellant has filed Civil Application No.1502 of 2014. Both these civil applications are heard together and are disposed of by passing an order as under:

[i] The respondents shall not disturb the possession of the appellants over House No.151 and 152.

[ii] The respondents shall not carry out any permanent construction over the suit property.

cas1123.15.O.odt 2/2 [iii] The respondents are permitted to enclose the suit property by erecting the barbed wire compound. However, he shall not in any way obstruct the way to the House Nos.151 and 152.

JUDGE NSN