Shri Tukaram Dharmaji Jadhav v. Shri Vithoba Tukaram Jadhav And Others

48. CAS 608.15.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 608 OF 2015 in SECOND APPEAL NO. 88 OF 2014 Shri Tukaram Dharmaji Jadhav.

... Applicant/Appellant.

V/s.

Shri Vithoba Tukaram Jadhav and others.

... Respondents.

Mr. S.P. Dighe, for the Applicant/Appellant. None for Respondents.

Coram : N.M. Jamdar, J.

Date : 31 March 2017.

P.C. :- Heard the learned Counsel for the Applicant. Perused the Application. As far as the prayer regarding appointment of the Court Receiver is concerned, both the Courts have held against the Applicant. The Applicant has been restrained by order of injunction by the learned Civil Judge, which order is confirmed in Appeal and therefore, by an interim order, a Court Receiver cannot be appointed on the suit property. The prayer is rejected.

48. CAS 608.15.doc 2.

As regard the prayer for early hearing of the Second Appeal is concerned, considering the fact that much older Appeals are pending for final hearing, said prayer cannot be considered at present. Civil Application is accordingly disposed of. (N.M. Jamdar, J.)