Dattatraya Ganpatrao Tadwalkar v. Vasant Ambadasrao Sindphalkar (Died) And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2150 OF 2017 IN SECOND APPEAL NO. 317 OF 1998 Dattatraya s/o Ganpatrao Tadvalkar Age: 81 years, Occ: Pensioner, R/o. Tuljapur, now residing at Shashtri Nagar, Aurangabad Tq. & Dist. Aurangabad ..APPLICANT

VERSUS

1.

Vasant s/o Ambadasrao Sindhphalkar, Age: 85 years, Occ: Pensioner (since dead) 2.

Kishor s/o Vasantrao Sindhphalkar, Age: 63 years, Occ: Retired employee, R/o. Near Pap Nash Mandir, Tuljapur, Tq. Tuljapur, Dist. Osmanabad 3.

Pradeep s/o Vasantrao Sindhphalkar, Age: 60 years, Occ: Retired employee, R/o. As above.

..RESPONDENTS Mr Prashant K. Deshmukh, Advocate for applicant; Mr Satyajit S. Bora, Advocate for respondents CORAM : N.W. SAMBRE, J.

DATE : 9th JUNE, 2017

(2) ORAL ORDER :

In view of earlier orders directing to deposit and subject matter involved in the second appeal, it will be appropriate, in my opinion, to allow the application in terms of prayer clause (B).

2.

So far as prayed clause (C) for vacation of interim relief is concerned, the parties are in agreement that existing structure has already demolished being dilapidated and what remained on the spot was open space.

3.

The respondent-owner, in the aforesaid back ground, intend to carry out construction without prejudice to the rights of the parties involved in the present appeal.

4.

The prayer appears to be reasonable.

5.

The interim stay is modified to the extent that the respondent-owner is permitted to carry out

(3) construction in accordance with law and Building Control Regulations and shall not claim any equity in the matter of decision of present appeal on merits.

6.

With above observations, civil application stands disposed of.

(N.W. SAMBRE, J.) Tupe