Shri Pradeep Ratilal Patel v. Smt. Sarubai Genuji Damale

kpd 1 / 2 19-SA-279-2014.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 279 OF 2014 WITH CIVIL APPLICATION NO. 720 OF 2014 Shri.Pradeep Ratilal Patel ...

Appellant

Versus

Smt. Sarubai Genuji Damale ...

Respondent Mr.R.D. Soni i/b. M/s. Ram and Co. for the Appellant/Applicant. Mr.Pratik Rahade for the Respondent Nos.1A to 1C. CORAM : S.J. KATHAWALLA, J.

DATED : 17 th JULY, 2017 P.C.:

1.

Heard the Learned Advocates appearing for the parties. Following order is passed by consent.

(i) The Order passed by the Appellate Court dated 07.08.2013 is set aside. (ii)The Order passed by the Trial Court dated 12.01.2007 shall continue to be in force.

(iii)The Appellant shall be at liberty to take out appropriate proceedings to prove his claim over the portion of the property, which according to the Appellant is encroached upon by the Respondent and seek appropriate reliefs in this regard. The proceedings if taken out shall be decided on its own merits.

kpd 2 / 2 19-SA-279-2014.sxw (iv)All contentions of the parties are kept open. 2.

The above Second Appeal as well as Civil Application are accordingly disposed off.

( S.J.KATHAWALLA, J. )