Shri Pandarinath K Patil v. Shri Masood Babullah Chaudhari (Since Deceased) 1 Shri Mohiouddin Massod Chaudhari And ORS

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.07.02 15:05:09 +0530 26.695.18 cac.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 695 OF 2018 IN CIVIL REVISION APPLICATION NO. 596 OF 2016 SHRI. PANDARINATH K PATIL ....APPLICANT V/s.

SHRI. MASOOD BABULLAH CHAUDHARI .....RESPONDENTS AND ORS Mr. Vasim Siddiqui i/b Kunal Bhanage Advocate for the Applicant None for Respondents CORAM :

NITIN W. SAMBRE, J.

DATE:

JULY 1, 2022.

P.C.:

1) This is an application seeking an order of restraint against Respondent-Plaintiff-Decree Holder and newly inducted Respondent no. 11 from creating any third party right, title or interest etc. Plaintiff owner of the suit property having received possession of Suit property based on his title has inducted Respondent no. 11 as tenant. Such act is pursuant to his title and possession over the Suit 1/2

26.695.18 cac.doc property.

2) Once the Plaintiff and Respondent no. 11 are before this Court in the Revision, I hardly see any convincing reason which should prompt this Court to pass an order of injunction as prayed, particularly when, Applicant has already lost the litigation before both the Courts below including that of possession in execution of Decree.

3) In view of above, Civil Application stands dismissed. [NITIN W. SAMBRE, J.] 2/2