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Bombay High CourtCAS/1478/2018disposed off

Smt. Lilavati Navanath Dongare Thr. Poa. Shri. Yogesh Navanath Dongareand ORS. v. Shri. Dashrath Haridas Hagavane And ORS.

2019-10-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

917-cas1478-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1478 OF 2018 IN SECOND APPEAL (STAMP) NO.32976 OF 2018 Smt.Lilawati N. Dongare & Ors.

...Applicants V/s.

Dashrath H. Hagavane & Ors.

...Respondents

Mr.Sanjeev P. Kadam with Ms.Varsha M. Thorat i/b Mr.Prashant P. Raul for the Applicants.

Mr.Rahul P. Kadam for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 18TH OCTOBER, 2019.

P.C. :- 1.

Heard learned counsel for the parties. By a separate order passed today by this Court in Second Appeal (Stamp) No.32976 of 2018, the said appeal is already admitted on the substantial questions of law formulated by this Court. The applicants are in possession of the suit property. The applicants have made out a case for grant of reliefs in terms of prayer clause (b). The civil application thus is accordingly allowed in terms of prayer clause (b). 2.

During the pendency of the second appeal, the applicants shall not create any third party rights in respect of the suit property and would not part with possession of the suit property. 1/2

917-cas1478-18.doc 3.

The civil application is made absolute on aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2