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Bombay High CourtIA/30188/2022disposed off

Manohar Jagnnath Sagar (Decd.Thr.Lrs) Mrs. Baby Alias Pushpa Manohar Sagar And ORS v. Punjabai Jagannath Sagar And ORS

2023-11-01Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

31_sa_360_2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.360 OF 2021 WITH INTERIM APPLICATION (STAMP) NO.29470 OF 2023 WITH INTERIM APPLICATION NO.30188 OF 2022 WITH CIVIL APPLICATION NO.1475 OF 2019 IN SECOND APPEAL NO.360 OF 2021 Punjabai Jagannath Sagar and Ors.

...Appellants

Versus

Yamunabai Jagannath Sagar and Ors.

...Respondents

....

Mr. Balasaheb R. Deshmukh for the Appellants. Ms Poonam Pal i/b. Mr. Sachin Hande for Respondent Nos.3a to 3c. CORAM: SMT. ANUJA PRABHUDESSAI, J.

MEGHA SHREEDHAR PARAB DATED: 1st NOVEMBER, 2023.

MEGHA SHREEDHAR PARAB Date: 2023.11.02 17:29:25 +0530 P.C.:- INTERIM APPLICATION NO.30188 OF 2022:- 1.

By this application the Applicant has sought to modify order dated 01/11/2021. By the said order this Court has directed the Collector not to handover possession of the suit property. The Executing Court or the Collector is not refrained from taking the Megha 1/2

31_sa_360_2021.doc other steps including preparing the partition chart. The stay is only in respect of handing over of possession. Hence, the order does not require any further clarification.

2.

The application stands disposed.

INTERIM APPLICATION (STAMP) NO.29470 OF 2023:- 3.

By this application, the Applicant/Appellant has sought to condone the delay, set aside the abatement and to bring on record the legal representatives of Appellant No.1. The Appellant to take steps to serve copy of the application on all the Respondents. 4.

Stand over to 29/11/2023.

SECOND APPEAL NO.360 OF 2021:- 5.

Interim relief granted by order dated 01/11/2021 to continue till the next date of hearing.

6.

Stand over to 29/11/2023.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2