Sudhir Marutirao Pawar v. Arjun Laxmanrao Jaher And Others

84.13LPA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD LETTER S PATENT APPEAL NO. 84 OF 2013 Sudhir s/o Marutirao Pawar ...Appellant

Versus

Arjun s/o Laxmanrao Jaher and others

...Respondents

...

Mr. M. M. Patil, Advocate for appellant Mr. V. D. Salunke, Advocate for respondent no. 1. Mr. S. N. Kendre, Assistant Government Pleader for respondent no. 2.

...

[CORAM: [SUNIL P. DESHMUKH AND K. K. SONAWANE, JJ.] Date: 23 rd October, 2018 ORDER :

1.

Conspectus leads to consider that Letters Patent Appeal carries no substance.

2.

Background is that there is civil litigation pending in respect of ownership and possession of property between the vendor of the appellant - original owner and respondents.

3.

Matter is pending in Second Appeal bearing no. 161 of 1997 before this court and interim order therein has been passed by this court on 28th March, 2001.

84.13LPA.odt 4.

In view of interim order passed in civil application no. 1960 of 1997 in Second Appeal no. 161 of 1997, entries in respect of the property in municipal records for which Letters Patent Appeal has been preferred, have undergone some alteration.

5.

Ultimately, question of entries would rest on decision in the civil matter. As such, it does not appear that present Letters Patent Appeal carries any substance and the same is, therefore, dismissed.

[K. K. SONAWANE, J.] [SUNIL P. DESHMUKH, J.] vdk