Shri. Shivali Laxman Bhandure And ANR. v. Sau. Sarala Ravindra Kathe And ORS.

caf4165 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4165 OF 2013 IN FIRST APPEAL NO.1334 OF 2013.

Shivaji Laxman Bhandure & Ors.

...Applicants vs.

Sau.Sarala Ravindra Kathe and others

...Respondents

Mr.Sandip Shinde for the applicants Mr.Shriram Kulkarni for the respondents CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : MAY 7, 2015 P.C.:

This application is filed by the respondents in the First Appeal for vacating theinterim order dated 4th October 2013 passed in the Civil Application No.3647 of 2013 on the ground that after the said order was passed, the respondents in this application have changed the user of the suit lands and have destroyed the grape garden thereon. Another contention is that a construction has been carried out on the suit lands.

Taking the averments made in the application and annexure to the application as it is, it is impossible to record a conclusion that the change of user is effected after the order dated 4th October 2013 was passed. Today, the fourth applicant has submitted an undertaking dated 5th May 2015 in which

caf4165 he has undertaken to the Court not to cause any construction on the suit land and not to create any third party rights in respect of the suit land. We accept the said undertaking as the undertakings of all the applicants. Hence, there is no need to modify or vacate the interim order.

Subject to acceptance of the undertakings of the applicants, civil application is disposed of. (C.V.BHADANG,J.) (A.S.OKA,J.)