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Bombay High CourtCA/7287/2014admittedallowedgrantedrule absolute

Sayyad Umar Sayyad Hussen v. Govind Pandurang Lohagave And Another

2018-03-09Hon'Ble Shri Justice V.K. Jadhav2 pages

945 CA7287-14 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 7287 OF 2014 IN SA/455/2014 SAYYAD UMAR SAYYAD HUSSEN

VERSUS

GOVIND PANDURANG LOHAGAVE AND ANOTHER ...

Advocate for Applicant : Mr. G. R. Syed Advocate for Respondents : Mr. G. P. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 9th MARCH, 2018 PER COURT :- 1.

Learned counsel for the applicant / original plaintiff submits that during the pendency of the suit, temporary injunction order was remained in force and since the trial court has decreed the suit, till the disposal of the first appeal, the petitioner / original plaintiff was protected. Even, in this civil application, this court on 1st August, 2014 has granted ex-parte interim relief in terms of prayer clause 'B' and the same is continued from 2014 till this date.

2.

In view of the same and though respondent Nos.1 & 2 strongly resisted this application, considering this long period,

945 CA7287-14 -2civil application is allowed in terms of prayer clause 'B '. 3.

Fix the second appeal for hearing on admission as per its turn.

( V. K. JADHAV, J.) vsm/