Namdeo Nathu Patil Died Lrs Hirkanbai Namdeo Patil And Others v. Prakash Vishwas Patil
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 4606 of 2024 IN WP/8257/2023 Namdeo Nathu Patil (Deceased) through LRs & others .....Applicants
VERSUS
Prakash Vishwas Patil .....Respondent .....
Mr. T. K Sant, Advocate holding for Mr. P. P. Mandlik, Advocate for Applicants.
Mr. V. D. Sapkal, Senior Counsel instructed by Mr. U. S. Patil, Advocate for the Respondent.
CORAM : R. M. JOSHI, J.
DATE :26th JULY, 2024.
PER COURT :
1.
This Civil Application is for bringing on record legal heirs of deceased Petitioner No. 5 by condoning delay of 135 days. 2.
Perusal of the application shows that delay is not deliberate and intentional. Hence, stands condoned. Application stands allowed. Amendment be carried out within two weeks. ( R. M. JOSHI) Judge dyb
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 1010 of 2024 IN WP/8257/2023 Prakash Vishwas Patil .. Applicants versus Namdeo Nathu Patil & others .. Respondents .....
Mr. V. D. Sapkal, Senior Counsel instructed by Mr. U. S. Patil, Advocate for the Applicant.
Mr. T. K. Sant, Advocate holding for Mr. P. P. Mandlik, Advocate for the Respondent.
CORAM : R. M. JOSHI, J.
DATE :26th JULY, 2024.
PER COURT :
1.
Learned counsel for Respondents/original Petitioners seeks time to file response to this application. 2.
Learned counsel for Applicants/original Respondents makes a grievance that decree is in favour of the Applicants and stay is granted only to the extent of the actual possession of the suit property. It is his submission that in the application it is specifically spelt out that the Respondents herein are likely to create third party
- 3 - interest in the suit property and if it is done so, irreparable loss will be caused to the Applicants.
3.
Learned counsel for the Petitioners makes a statement on instructions that the Petitioners would not create third party interest in property in question, till next date of hearing. His statement is accepted as undertaking.
4.
In view of this, stand over to 28.08.2024 in the category of urgent admission.
5.
Interim relief granted earlier to continue till next date. ( R. M. JOSHI) Judge dyb