Madhukar Bapu Vidhate v. Laxman Bapu Vidhate And ORS.

sg 1/2 cas1928-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1928 OF 2016 IN SECOND APPEAL NO.931 OF 2016 Madhukar Bapu Vidhate ...Applicant vs.

Laxman Bapu Vidhate & Ors.

...Respondents

....

Mr. S.A. Ghaisas, for the Applicant.

Mr. V.N. Walawalkar, i/b. S.M. Sabrad, for Respondent Nos. 1 to 4 and 6.

.......

CORAM : S.C. GUPTE, J.

DATED : 22 FEBRUARY 2017 P.C. :

.

This Civil Application seeks interim relief in a Second Appeal, which is already admitted. By the ad-interim order passed on 16 December 2016, this Court granted ad-interim injunction against the Respondents restraining them from creating any third party rights. There has since been no reply on the Civil Application on the part of the Respondents. The ad-interim order passed on 16 December 2016 and continued by this Court by further orders is, in the premises, confirmed pending the hearing of the Second Appeal.

2.

In the meantime, Respondent No.5 has expired. The Applicant shall take out an appropriate application for bringing on record the legal heirs of the deceased Respondent. Learned Counsel for

sg 2/2 cas1928-16.doc Respondent Nos. 1 to 4 and 6 and 7 has offered to submit particulars of legal heirs of deceased Respondent No.5. He shall do so within a period of two weeks from today.

3.

The Civil Application is disposed of accordingly. ( S.C. GUPTE, J. )