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Bombay High CourtCAS/1964/2015allowed

Reuben Samuel Divekar And Others v. Mrs Varsha Nitin Bhise @ Varsha Vijay Divekar

2016-07-01Hon'Ble Shri Justice Nitin Jamdar2 pages

1 107 CAS 1964-15 in SA 56-14 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1964 OF 2015 in SECOND APPEAL NO. 56 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.S.G.Deshmukh i/b Mr.Avinash Patil, for Applicants / Appellants.

Mr.Mahindra Deshmukh, for Respondent Nos.1 & 2.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

The Civil Application is taken out for order of injunction restraining the Respondents from creating any third party rights or parting with possession. The learned counsel for the Respondents submitted that there was no such injunction during the pendency of the proceedings and that the Suit and Appeal of the

2 107 CAS 1964-15 in SA 56-14 .doc Applicants have been dismissed. If any such third party rights are created during the hearing of the Appeal, this Court at the time of hearing of Appeal can always pass appropriate orders in that regard.

Civil Application is accordingly disposed of.

(N.M.Jamdar, J.)