Mohan Shamrao Pawar v. Shri Janardhan Dnyanu Sutar

1 101 CAS 728-15 in SA 326-15 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 728 OF 2015 in SECOND APPEAL NO. 326 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.Omkar Nagvekar i/b Ms.Prabha Badadare, for the Applicant / Appellant.

Mr.Tejpal Ingale, for Respondent Nos.1 to 6.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

Leave to amend to correct the prayer clause granted.

Amendment to be carried out within period of two weeks from today. Decree passed by the learned Civil Judge, Junior Division which is confirmed by the learned District Judge directs the Applicant to hand over possession

2 101 CAS 728-15 in SA 326-15 .doc of the suit property to the Respondents/ Plaintiffs.

The Appeal is admitted and is pending consideration. The decree being of possession, if interim protection is not granted the Appellant will lose possession. In the circumstances it will be necessary to pass protective order in favour of the Applicant.

Accordingly, the Application is allowed in terms of prayer clause (b), if not already executed. The learned counsel for the parties are not aware of the current position.

(N.M.Jamdar, J.)