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Bombay High CourtCA/2181/2015

Shahu Rangnath Patole v. Gopinath Rangnath Patole And Others

2015-02-24Hon'Ble Shri Justice M.T. Joshi4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2181 OF 2015 IN FIRST APPEAL NO.431 OF 2015 SHAHU RANGNATH PATOLE

VERSUS

GOPINATH RANGNATH PATOLE AND OTHERS ­­ Mr.V.D.Sapkal, advocate for applicants Mr.A.M.Gholap, advocate for respondent nos.8 and 9 ­­ CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 24, 2015 PER COURT :

Heard.

2] Affidavit­in­reply filed on behalf of respondent nos.8 and 9 is accepted.

3] Considering the fact that respondent nos.8 and 9 have already developed the plots and even as per the statement of Mr.Gholap, learned counsel for respondent nos.8 and 9, construction is made of various flats and considering the fact that in the suit, the appellant has paid court fees on the

market price of the suit plots as Rs.23,05,000/­ and pendency of the present appeal may take care regarding the transfer, if any, as per the Section 52 of the Transfer of Property Act, present application is disposed of with a direction to respondent nos.8 and 9 that they shall furnish a bank guarantee for Rs.Twenty Four Lakhs continued till disposal of the appeal, within a period of four weeks.

[M.T. JOSHI, J.] kbp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.431 OF 2015 SHAHU RANGNATH PATOLE

VERSUS

GOPINATH RANGNATH PATOLE AND OTHERS ­­ Mr.V.D.Sapkal, advocate for appellants Mr.A.M.Gholap, advocate for respondent nos.8 and 9 ­­ CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 24, 2015 PER COURT :

Heard.

2] Admit. Mr.Gholap, learned counsel waives notice for respondent nos.8 and 9.

3] Liberty to move for early hearing.

[M.T. JOSHI, J.]

kbp