Rangnath Nandaram Patekar And ORS v. Namdeo Nandaram Patekar Thro. Gal-Meenabai And Others

8-SA-218-2006 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11096 OF 2018 IN SECOND APPEAL NO. 218 OF 2006 Rangnath Nandaram Patekar and Ors.

... Applicants

Versus

Namdeo Nandaram Patekar and Ors.

... Respondents ...

Mr. S.R. Sapkal - Advocate for Applicants Mr. H.D. Deshmukh - Advocate for Respondent Nos.1 to 3 ....

CORAM : GAURI GODSE, J.

DATE : 31st January, 2023 PER COURT :

1.

This application is filed for an order of injunction restraining the respondents from alienating suit property land gut no.507. The Second Appeal is admitted by framing questions of law only with respect to the suit property being gut no.485. 2.

By order dated 23rd September, 2010 in Second Appeal adinterim stay was granted to the execution and operation of impugned decree only to the extent of property gut no. 485. By the same order present appellant is restrained from alienating 1/2

8-SA-218-2006 property gut no. 485. During the pendency of the First Appeal also there was no injunction granted against the present respondents.

3.

By the present application, applicants seek injunction against respondents with respect to suit property land gut no. 507. On making query the learned counsel for the applicants submit that, the suit property stands in the name of present applicants and the applicants are in possession of the suit property gut no.507. 4.

The Second Appeal is admitted only with respect to land gut no. 485 and interim protection is granted only in respect of gut no.485. I do not find any reason to grant injunction as prayed. Hence, the Civil Application is dismissed.

5.

Second Appeal is of the year 2006. Office is directed to add the Second Appeal to Final Hearing Board as per its turn. [ GAURI GODSE ] JUDGE 2/2