Bhagyashree Bhausaheb @ Bhaurao Ghute v. Adyanbai Murlidhar Gulbhile And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5634 OF 2015 BHAGYASHREE BHAUSAHEB @ BHAURAO GHUTE

VERSUS

ADYANBAI MURLIDHAR GULBHILE AND OTHERS ...

Advocate for Petitioner : Ghute Suhas B. For Petitioner Advocate for Respondents :.C.R.Deshpande And M.S.Deshpande Adv. For R//3,5 to 7.

...

CORAM : N.W.SAMBRE,J.

DATED : 27TH NOVEMBER,2015 ORDER :- The parties are in agreement that the order dated 13/1/2015 needs to be set aside as in my opinion, it gives complete incorrect reasons particularly about inconsistency of pleas. 2] As such Petition is allowed. The order impugned passed by C.J.S.D.Ambajogai on 13/1/2015 in R.C.S.No.98/2012 below Exh.53 is set aside with direction to the learned C.J.S.D. to decide application Exh.53 afresh after considering the conduct of the defendant of transferring the property during pendency of the Suit and operation of injunction and also upon taking into account the law laid down by this Court in the matter of Kachhi Properties, Satara V/s Ganpatrao Shankarrao Kadam and others reported in 2010(5) Mh.L.J.903. As such, Petition stands allowed in above terms. Application be disposed of expeditiously. (N.W.SAMBRE,J.) umg/