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Bombay High CourtCA/6051/2025admittedallowedgrantedrule absolute

Marabai Shamrao Tayade v. Subhadrabai Waman Paradhe(Mahar) And Othres

2025-08-14Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:22360 1 995 ca 6051.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6051 OF 2025 IN SECOND APPEAL NO. 34 OF 2023 Marabai Shamrao Tayade .. Applicant

Versus

Subhadrabai Waman Paradhe (Mahar) and others .. Respondents Shri A. M. Gholap, Advocate for the Applicant. Ms. Fatema S. Kazi, Advocate h/f Shri S. S. Kazi, Advocate for the Respondent Nos. 2 and 3.

CORAM : SHAILESH P. BRAHME, J.

DATE : 14TH AUGUST, 2025.

FINAL ORDER :

.

Leave to amend the prayer clause is granted. Amendment shall be carried out forthwith.

2.

Second appeal is admitted on 12.06.2025 formulating substantial questions of law. An order of status quo was in operation since 04th August, 2023. Respondents are in possession of the suit properties and there is likelihood of creation of third party interest. Applicant will be prejudiced in case third party interest is created.

2 995 ca 6051.25 3.

In that view of the matter, both the parties are restrained from creating any third party interest in the subject matter till final disposal of the appeal. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Aug. 25