Sunil Motilal Kulthe v. Manish Seshmal Bhandari And ANR

(1) FA No. 3061/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 10454/2017 IN FA/3061/2017 SUNIL MOTILAL KULTHE

VERSUS

MANISH SESHMAL BHANDARI AND ANR *** Advocate for Applicant : Mr. R. R. Mantri h/f Mr. R.R. Sancheti (caveat Attached In FA) Advocate for respondent : Mr. N.V. Gaware WITH CIVIL APPLICATION NO.7567/2017 IN FA/1666/2017 PRADIP MOTILAL KULTHE VS.

MANISH SHESHMAL BHANDARI & ANOTHER Advocate for applicant : Mr. S.R. Choukidar Advocate for respondent :- Mr. N. V. Gaware, *** CORAM :

R.D. DHANUKA & SUNIL K. KOTWAL,JJ.

DATED :

28-09-2017.

PER COURT :- Heard learned counsel appearing for the parties. 2.

Respondent waive the service.

(2) FA No. 3061/2017 3.

By A separate order, both the First Appeals filed by the appellants are already admitted.

4.

The impugned order and decree dated 1st April 2017 passed by the Trial Court is stayed. The applicant in both the civil applications and the respondent shall not create any third party right and shall also not create any encumbrance on the suit property during the pendency of the First Appeal. The applicant who claimed to be in possession of the suit property shall not part with possession in respect of the suit property during the pendency of the appeal. 5.

The Trial Court before whom the respondents have deposited various amount pursuant to the decree passed by the learned Trial Court and during pendency of the suit shall invest the amount so deposited by the respondents (original plaintiffs) in the Fixed Deposit of the Nationalized Bank initially for a period of two years and shall continue such deposit till disposal of the first appeals. 6.

Civil Application are disposed of in aforesaid terms. 7.

No order as to costs.

( SUNIL K. KOTWAL) ( R.D. DHANUKA) JUDGE JUDGE ysk/