Shri Kisan Madhavprasad Chaudhari v. Shri Sachendra Alias Manoj Bhimashankar Chaudhari And ORS

osk 910-aost-29847-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO. 29847 OF 2013 WITH CIVIL APPLICATION (ST.) NO. 29849 OF 2013 Kisan Madhavprasad Chaudhari ...

Appellant V/s.

Sachendra @ Manoj Bhimashankar Chaudhari & Ors.

...

Respondents • Mr.Prajakt M. Arjunwadkar for the Appellant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 26th SEPTEMBER, 2018.

P.C. :

1] This Appeal is preferred against the order passed by the trial Court rejecting the relief of interim injunction restraining the Respondents from creating third party interest in the suit property. The said order is passed in the year 2013.

2] Though, initially in the year 2013, the ad interim relief was granted by directing Respondent Nos.1 to 17 to maintain status-quo in respect of the property so far as creation of third party right and/or interest is concerned, the said relief is not extended further. Therefore, it would be in the fitness of things, if the Appeal is disposed of, without entering in to the merits of the order passed by the trial Court, so that the hearing of the suit can be proceeded with. 3] Hence, the Appeal along with Civil Application therein stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1