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Bombay High CourtCAS/30/2019disposed off

Smt.Neeta Ulhas Kale v. Dashrath Pandurang Jadhav

2023-12-07Hon'Ble Shri Justice Amit Borkar2 pages

18-cas30-2019 in sa21-2019.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.30 OF 2019 IN SECOND APPEAL NO.21 OF 2019 Neeta Ulhas Kale ... Appellant V/s.

Dashrath Pandurang Jadhav ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2023.12.07 17:19:44 +0530 ATUL GANESH KULKARNI Ms. Vrushali V. Kabare for the appellant/applicant. Mr. Akshay Kulkarni i/by Mr. Sarthak Diwan for the respondents.

CORAM

:AMIT BORKAR, J.

DATED :DECEMBER 7, 2023 P.C.:

1.

This Court on 18 April 2023 admitted the second appeal. The record indicates that before admission, the respondent was represented by an Advocate. However, he shows his inability to continue to appear for the respondent.

2.

The Trial Court has passed decree for possession. Since the second appeal is admitted and the decree which is the subject matter of the second appeal is for possession, the appellant needs to be protected during pendency of the second appeal. 3.

Hence, during pendency of the second appeal, there shall be interim relief in terms of prayer clause (a).

18-cas30-2019 in sa21-2019.doc 4.

Civil Application No.30 of 2019 disposed of accordingly. 5.

Hearing of Second Appeal No.21 of 2019 is expedited. (AMIT BORKAR, J.)