Shri Murad Madadali Patel And ANR v. Shri Mehboob Abdulgafar Shaikh And ORS

902.CAA.1112.13.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1112 OF 2013 IN APPEAL FROM ORDER NO. 924 OF 2013 Murad Madadali Patel and Anr.

..Applicants Vs.

Mehboob Abdulgafar Shaikh and Ors.

..Respondents ....

Mr. R.D. Soni, Advocate i/b M/s Rom and Co. for Applicants. Mr. Vijay Killedar, Advocate for Respondent Nos. 1 to 6. ....

CORAM : K.K. TATED, J.

DATED : 24 FEBRUARY 2015 P.C.:

1.

Heard learned counsel for parties.

2.

This application preferred by original plaintiffs for injunction restraining the respondents from creating any third party right/interest in the suit property namely the property bearing Survey No. 286, Hissa No.3, admeasuring 1 Hector and 55 Ares situated at Vita, Tq. Khanapur, Dist. Sangli or any part thereof in any manner whatsoever. 3.

Mr. Killedar, the learned counsel for respondent after taking instructions from Respondent No.2 Ravindra Maruti Nikam makes a statement on behalf of Respondent Nos. 2 to 6 that they will not create S.S.DESHPANDE 1 / 2

902.CAA.1112.13.sxw any third party right title and interest in respect of the suit property till the hearing and final disposal of Special Civil Suit No. 21/2013. The statement is accepted.

4.

In view of the statement made by the learned counsel for respondent nothing survives in Civil Application as well as in Appeal from Order.

5.

Considering the facts and circumstances of the present case, hearing of Special Civil Suit No. 21/2013 is expedited. This Court expect from the Trial Court to dispose of the same as early as possible in any case on or before 31 December 2015.

6.

Civil Application as well as Appeal from Orders disposed of accordingly.

[K.K. TATED, J.] S.S.DESHPANDE 2 / 2