Shri Uttam Tukaram Patil v. Shri. Vasant Nivrutti Hake And Othrs

39. CAS. 1690.13 .doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1690 OF 2013 in SECOND APPEAL (St.) NO. 705 OF 2013 Mr. Nagnath Shankar Khandekar (since deceased) through legal heirs and Anr.

... Applicants/Appellants.

V/s.

Mr. Vasant Nivrutti Hake and Ors.

... Respondents.

With CIVIL APPLICATION NO. 1691 OF 2013 in SECOND APPEAL (St.) NO. 706 OF 2013 Mr. Uttam Tukaram Patil.

... Applicant/Appellant.

V/s.

Mr. Vasant Nivrutti Hake and Ors.

... Respondents.

Mr. Tanaji Mhatugade i/b. D.B. Bodake for the Applicants/Appellants in CAS 1690/2013.

Mr. Ravindra S. Pachundkar for the Applicants/Appellants in CAS 1691/2013.

Mr. Manoj A. Patil i/b. N.P. Deshpande for Respondents 1 to 3. CORAM : N.M. Jamdar, J.

DATE : 11 January, 2018.

P.C. :- The applications are placed on board for hearing as to interim relief. By the judgment and order dated 28 September 2013,

39. CAS. 1690.13 .doc the learned District Judge, Sangli in Regular Civil Appeal No. 404 of 2007 had granted an order of injunction in favour of the Respondent - Plaintiff and a declaration was given. Thereafter, the Second Appeal was admitted after hearing the learned Counsel for the parties on 7 March 2017 and the learned Single Judge (S.C. Gupte, J.), granted ad-interim relief in terms of prayer clause (a) of the Civil Application.

2.

I have considered the rival contentions. After hearing the parties the order of injunction has been stayed in March 2017 and the stay is in operation till today.

3.

Considering this position, it will be appropriate that the same position is continued till disposal of the Appeal. Accordingly, the order passed on 7 March 2017 to continue as an interim order. The Civil Applications stand disposed of.

(N.M. Jamdar, J.)