Sahadu Savleram Chaure L.Rs. Vithal Sahadu Chaure And ORS v. Shankar Savleram Chaure L.Rs. Ram Shankar Chaure L.Rs. Manda And ORS
2024:BHC-AUG:10806 922 CA 1885-2024
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 1885 OF 2024 IN SECOND APPEAL NO. 349 OF 2001 SAHADU SAVLERAM CHAURE THROUGH L.RS. VITHAL SAHADU CHAURE AND OTHERS
VERSUS
SHANKAR SAVLERAM CHAURE THROUGH L.RS. RAM SHANKAR CHAURE THROUGH L.RS. MANDA AND OTHERS ...
Mr. K.D. Khade - Advocate for Applicants Mr. P.R. Katneshwarkar - Advocate for Respondent Nos.1 to 6 (Advocate for Appellant in Second Appeal) Mr. N.C. Garud - Advocate for Respondent Nos.2A, 2C to 2F ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 14th June, 2024 PER COURT :
1.
The present application is filed for vacating the interim order granting stay to the execution proceeding in Regular Civil Suit No.321 of 1991 and also for issuing injunction against the respondent Nos.1 to 6, who are the original appellants in the Second Appeal for not to create third party interest in the suit property i.e. Gat No.399 of village Kedgaon, Tq. and Dist. Ahmednagar.
2.
Learned Counsel for the applicants in support of the Pooja K.
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922 CA 1885-2024 aforesaid prayers has relied upon the portion of affidavit-inreply of respondent Nos.1 to 6, received by him wherein it is mentioned that, the original appellant No. 3C proposed to use the said portion, if at all his relative gets dealership. However, the reply clearly indicates that applicants have not executed any such lease and neither they created any third party interest in the suit property. In view of such statement made by the learned Counsel for present respondents - appellants, there is no need to grant any relief as claimed in this application.
3.
The learned Counsel - Mr. P.R. Katneshwarkar for respondent Nos.1 to 6, while submitting before this Court also reiterated that, the respondent Nos.1 to 6 are not going to create any third party right in respect of the suit property during the pendency of this appeal.
4.
In view of the same, Civil Application stands disposed of.
[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.
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