Prabhakar Dattatray Kulkarni Since Deceased Through Lrs Arvind Prabhakar Kulkarni And Another v. Shaikh Hamid Dagadu And Others

( 1 ) 920CA4120.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4120 OF 2022 IN WP/9242/2011 WITH WP/9242/2011 PRABHAKAR DATTATRAY KULKARNI SINCE DECEASED THROUGH LRS ARVIND PRABHAKAR KULKARNI AND ANOTHER

VERSUS

SHAIKH HAMID DAGADU AND OTHERS Advocate for Applicants : Mr. Rahil Kazi h/f. Mr. P.R. Katneshwarkar Advocate for Respondent No. 1 to 3 : Mr. Nisargraj h/f. Mr. V.D. Salunke AGP for Respondent Nos. 5 to 8 : Mr. R.D. Sanap CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 24.03.2022 PER COURT :

1.

The applicants - original respondent Nos. 6 and 7 have taken out this Civil Application, interalia, praying for vacating ad-interim relief granted in favour of the petitioners, whereby, the parties were directed not to act upon the impugned order dated 23.11.2011 passed by MRT, Aurangabad.

2.

It is the contention of the learned counsel appearing for the applicants that the original petitioners have committed contempt of this Court by effecting partition of the suit land and mutating names of their brothers. It is further pointed out that Yusuf Dagdu Shaikh has sold the land to one Sachin Laxman Ige by sale deed bearing No. 751/2021 dated 31.03.2021. Copy of the same is filed on the record.

( 2 ) 920CA4120.22 Thus, it is apparent that the petitioners have created third party interest qua the suit property without prior permission of this Court. 3.

Learned counsel has drawn my attention to an order passed by the Tahsildar dated 20.08.2021, by which, the Tahsildar refused to effect the mutation entries in respect of the property in view of the order passed by this Court on 02.07.2013.

4.

Prima facie, there is a substance in the application moved by the applicants - original respondent Nos. 6 & 7.

5.

The interim relief granted by this Court, therefore, stands vacated.

6.

Prima facie, it appears that the petitioners have committed the contempt of an order of this Court passed on 02.07.2013. The said point is kept open. Civil Application stands disposed of. 7.

Learned counsel Mr. Nisargraj Garje, seeks time to file reply in Writ Petition No. 9242/2011. At his request, stand over to 07.04.2022. [ PRITHVIRAJ K. CHAVAN, J. ] SPC