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Bombay High CourtCA/935/2018disposed offdismissed for default

Vilas Antu Jagdhane And ORS v. Godabai Rangnath Jagdhane Thr Lrs Indubai And ORS

2018-12-07Hon'Ble Shri Justice Arun M. Dhavale2 pages

{1} 998-CA-935-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 935 OF 2018 IN SECOND APPEAL NO. 878 OF 2008 Vilas s/o Antu Jagdhane and Ors.

...Applicants

Versus

Godabai W/o Rangnath Jagdhane and Ors.

...Respondents

Mr. Yuvraj V. Kakade, Advocate for Applicants CORAM : A.M. DHAVALE, J.

DATE: 7th DECEMBER, 2018 ORAL ORDER :

1.

Heard learned Advocate Mr. Yuraj Kakade.

2.

It is true that this Court has granted status-quo order and has protected the possession. The applicants seems to have grown sugarcane and supplied it to the sugar factory, but the sugar factory is not making payment. The defendants have filed separate suit in which the injunction granted, was vacated and appeal was also dismissed. The applicants are at liberty to make a request to the sugar factory along with all the necessary documents including the order of this Court protecting of the possession by order of status quo and if the sugar factory is not

{2} 998-CA-935-18 making payment, the applicants are at liberty to prosecute his civil remedy as provided under the law. In a suit for injunction against the defendant-sugar factory is not a necessary party. Hence, the Civil Application stands disposed of. ( A.M. DHAVALE ) JUDGE mta