Nanasaheb Maruti Undre v. The State Of Maharashtra Through The Collector, Osmanabad And Others

(1) C. A. No. 8784 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 8784 of 2015 (In Second Appeal No. 360 of 2015) Nanasaheb s/o. Maruti Undre.

.. Applicant (Original plaintiff) versus The State of Maharashtra, through the Collector, Osmanabad, .. Non-applicants & 4 others.

(Original defendants) .........................

Mr. A.R. Devakate, Advocate, for the applicant Mrs. S.D. Shelke, Assistant Government Pleader, for non-applicant no.1.

Mr. A.N. Nagargoje, Advocate, holding for Mr. R.K. Shingnapure, Advocate, for non-applicant nos.2, 3 and 5 (caveators).

..........................

CORAM : A.V. NIRGUDE, J.

DATE : 1ST AUGUST 2015 PER COURT :

1.

Heard.

2.

By the present application, the applicant - appellant (original

(2) C. A. No. 8784 of 2015 plaintiff) seeks an order of injunction as mentioned in prayer "B" of the Civil Application, pending hearing and final disposal of the Second Appeal. Prayer clause "B" of the Civil Application is reproduced below :- "

The respondent Nos.2 to 5 may kindly be restrained from causing obstruction to the possession of the applicant over the suit property C.T.S. No. 98 admeasuring 108.04 Square Meters situated at Village Washi, Taluka : Washi, District : Osmanabad, through themselves or their agents or their representatives, till the final decision of Second Appeal, by order of injunction or any other order. "

3.

Second Appeal No. 360 of 2015, filed by the applicant - appellant is admitted today, by passing separate order therein. 4.

Hence, there shall be order of injunction, in terms of prayer clause "B" of the Civil Application, till disposal of the Second Appeal. The Civil Application is accordingly disposed of. ( A.V. NIRGUDE ) JUDGE ................................

Puranik/ CA8784.15