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Bombay High CourtCAS/2175/2012dismissed

Govind Balu Landage (Deceased Thr. Legal Heirs) 1 Smt. Sitabai Govind Landage v. Smt. Muktabai W/O. Bandu Landage (Deceased Thr. Legal Heirs) Namdeo Bandu Landage And Others

2016-09-23Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 36.cas-2175.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2175 OF 2012 IN SECOND APPEAL NO.1112 OF 2012 Govind Balu Landage (since deceased) through his legal heirs

1) Smt Sitabai Govind Landage & Ors.

..

Applicants Vs.

Smt.Muktabai w/o Bandu Landage (since deceased) through her legal heirs & Ors.

..

Respondents --- None for Applicants.

Mr.A.M.Kulkarni for Respondent nos.2 to 8, 9A to 9D. --- CORAM : R.D. DHANUKA, J.

DATE : 23rd September 2016 P.C.

.

None appears for the applicants when the matter was called out.

2.

By this civil application, the applicants seek stay of the impugned order and judgment dated 21st August 2012 passed by the learned District Judge-1, Sangli in dismissing the appeal filed by the applicants and allowing the cross objection filed by the original plaintiffs. 3.

By the impugned order, the first appellate Court has modified the order passed by the learned trial Judge and has granted injunction against the applicant himself or through his agents, relatives, servant or anybody claiming through him thereby restraining permanently from interfering with the possession of the plaintiffs over the suit land.

ppn 2 36.cas-2175.12.doc There is no ad-interim order granted by this Court in this civil application. The applicants cannot apply for stay of the order passed by the learned first appellate Court. No case is made out for grant of injunction. Civil application is accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.