Shri Jaya Krishna Shetty v. Smt. Padmavati Krishna Shetty And ORS

5.caw.296.13 .fa.90.13==.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.296 OF 2013 IN FIRST APPEAL NO. 90 OF 2013 Shri Jaya Krishna Shetty .. Applicant Vs.

1. Smt. Padmavati Krishna Shetty & Ors.

.. Respondents Mr. Sachin Gite for applicant.

Mr.S.C. Wakankar for respondent no.6.

Mr.P.K. Hushing for respondent no.7.

CORAM : A.S. OKA, V.L. ACHLIYA, JJ.

DATED : 1ST SEPTEMBER, 2015 P.C.

It is not in dispute that during the pendency of the suit filed by the applicant, there was a temporary injunction granted in respect of properties described in paragraph 1(a) and 1(d) of the plaint and there was no injunction granted during the pendency of the suit as regards the other suit properties. It is not in dispute that the respondent no.6 is in possession as of today in respect of properties described in paragraph 1(a) to 1(d) of the plaint.

Shraddha Talekar PA 1/2

5.caw.296.13 .fa.90.13==.doc The learned counsel appearing for the 6th respondent, on instructions, states that the said respondent will not create any third party rights in respect of the said properties and will not part with possession thereof in favour of any third party during pendency of this appeal without seeking prior permission of this Court.

We accept the said statement. In view of the aforesaid statement, it is not necessary to consider the said application on merits. By accepting the aforesaid statement, the application stands disposed of. (V.L. ACHLIYA, J.) (A. S. OKA, J.) Shraddha Talekar PA 2/2