Parvatibai Shankar Gaikad (Deceased Thr. L./H.) A Ulka Tatyaba Jadhav v. Shri Prakash Sarjerao Gaikwad

39.cas.54.13.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 54 OF 2013 IN SECOND APPEAL NO. 817 OF 2011 Parvatibai Shankar Gaikwad, Since deceased through legal heirs A) Ulka Tatyaba Jadhav and others .. Applicants Vs.

Shri Prakash Sarjerao Gaikwad and others .. Respondents Mr.G.M.Salunkhe, Advocate for Applicants.

CORAM :

R. G. KETKAR, J.

DATE : 27th MARCH, 2015 P.C. :

.

Heard Mr.G.M.Salunkhe, learned Counsel for the applicants.

2.

This is an application for injunction restraining the respondents from creating any third party interest in the suit property or any part thereof as also from parting with possession. 3.

Mr.Salunkhe submits that applicant's suit for specific performance was decreed by the trial Court. The trial Court's decree was reversed by the learned District Judge. He submitted that respondents are in possession. He submitted that by order dated 25/02/2014, notice was issued to the respondents. They have been served. No reply is filed opposing the application. 1/2

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In view thereof and for the reasons stated in the application, Civil Application is allowed in terms of prayer clause (b). Costs in cause.

(R. G. KETKAR, J.) 2/2