Kondiba Balwant Desai v. Sadashiv Mahadev Dhangadea And ANR.

1 8 CAS 1811-15 in SA 523-2015 w CAS 1136-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.1811OF 2015 in SECOND APPEAL NO. 523 OF 2015 Along with CIVIL APPLICATION NO.1136 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.S.M.Kamble, for the Applicant and the Appellant.

Mr.S.R.Ganbavale, for Respondent No.1.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

The Application is taken out by the Appellant in S.A No.523 of 2015, which is admitted, seeking an order of injunction against the Respondents from not creating third party rights and changing the nature of the property. The learned counsel for

2 8 CAS 1811-15 in SA 523-2015 w CAS 1136-15.doc the Respondent No.1 submitted that as on date there is one tin shed which is allotted a number by the concerned Village Panchayat, standing on the suit site.

Considering the nature of the dispute, the Respondents will not create any third party rights in respect of suit plot and maintain status-quo as regards the tin shed and the property as it exists as of today till the disposal of the Appeal.

2.

Civil Application is accordingly disposed of.

(N.M.Jamdar, J.)