Shrikrushna Baburao Pardeshi/Gupta v. Sambhaji Karbhari Argade And ORS

2024:BHC-AUG:26924 (1) 948-ca-11396-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11396 OF 2021 IN SA/113/2013 SHRIKRUSHNA BABURAO PARDESHI/GUPTA

VERSUS

SAMBHAJI KARBHARI ARGADE AND ORS ...

Mr. L. V. Sangeet, Advocate for Applicant.

Mr. G. V. Wani, Advocate for Respondent Nos.2(a) to 2(c). ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 14th NOVEMBER, 2024.

P.C.:- 1.

The present application is filed seeking injunction against respondent nos.1 and 2 restraining them from alienating or creating third party interest or change of nature in the suit property as agricultural land survey no.186/2/1 (old survey no.764/1-2) situated at Sangamner (Bk.) to the extent of 80R till final disposal of the second appeal.

2.

Mr. Wani, learned Advocate appearing for respondent nos.2(a) to 2(c), who are legal heirs of respondent nos.1 and 2 filed affidavit-in-reply to the application, which contains statement in paragraph no.6 as under:

"I say that, however as on today they are in possession of 29R lands and undertakes not to create any third party interest in the property of any way hereafter."

3.

The aforesaid statement in the affidavit-in-reply is accepted as undertaking to this Court.

4.

In that view of the matter, Civil Application stands disposed.

(2) 948-ca-11396-2021.odt 5.

Needless to mention that if alienation of any lands, which consist the suit property is made during pendency of the proceeding, it shall be subject to final outcome of the second appeal. (S. G. CHAPALGAONKAR) JUDGE Devendra/November-2024