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Bombay High CourtCA/8377/2014disposed offdismissed for default

Laxmibai Janardhan Dhawale And Others v. Vandana Janardhan Dhawale And Another

2016-05-03Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 8377.2014 in S.A. 505.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8377 OF 2014 IN SECOND APPEAL NO. 505 OF 2014 Laxmibai Janardhan Dhawale & Ors. ..... APPLICANTS V E R S U S Vandana Janardhan Dhawale & Anr. ..... RESPONDENTS .....

Mr. V.P.Latange, Advocate for Applicants.

Mr. P.V.Langhe, Advocate for R.Nos. 1 & 2.

.....

CORAM : T.V.NALAWADE, J.

DATE : 3rd MAY, 2016 ORAL ORDER :- .

The application is filed for relief of stay to the execution of the Judgment and Decree given by the court below. This Court has admitted the Appeal. In view of the peculiar facts and in any case plaintiffs will be entitled to get at least 1/16th share in the property. Both sides are prevented from creating 3rd party interest and alienate the property in any way and giving possession to any third party. There will be stay to the execution of decree subject to that condition. Further there will be right to the plaintiffs for filing appropriate proceeding for getting maintenance. The proceeding already filed can go on for giving 1/16th share to

2 C.A. 8377.2014 in S.A. 505.2014.odt plaintiff No. 2.

2.

In those terms, Civil Application stands disposed of.

[T.V.NALAWADE, J.] KNP/C.A. 8377.2014 in S.A. 505.2014.odt