P Rchavan Alias Pardeshi (Deceased) Trs Lrs R P Chavan Alias Pardeshi Thr Gpa Sk Nazir M Nasir v. Sharifabi Mohammad Sharif Rangrej (Deceased) Thr Lrs Rangrej Rashid M Sharif And ORS

114-CA-15538-2022 SGPunde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15538 OF 2022 IN APPEAL FROM ORDER NO. 67 OF 2022 Pruthivirajrsing Rajaramsing Chavan @ Pardeshi (deceased) through his legal heir 1A] Rajeshwari Pruthivirajsing Chavan @ Pardeshi ... Applicant

Versus

Sharifabi Mohammad Sharif Rangrej (deceased) through LRs - 1A] Rangrej Rashid Mohammad Sharif & Ors.

... Respondents ...

Mr. Shaikh Mazhar A. Jahagirdar - Advocate for applicant Mr. V. R. Dhorde - Advocate for respondent no. 2 ....

CORAM : GAURI GODSE, J.

DATE : 31st JANUARY, 2023 PER COURT :

1.

By this application, the applicant seeks stay to the interim injunction that is granted by the first appellate court. By the impugned order, there is a protection granted in favour of the respondents. The said order was also operative during the pendency of the suit and the same was continued as per order which was passed after dismissal of the suit at Exh. 298. The 1/2

114-CA-15538-2022 same order has been continued during the pendency of the appeal by passing the impugned order. At this stage, I do not see any reason to stay the said protection granted. Hence, there will be no interim relief during the pendency of the appeal. It is made clear that there is no stay granted to the further proceedings of the Regular Civil Appeal No. 162 of 2022.

2.

Civil Application is accordingly disposed off. [ GAURI GODSE ] JUDGE 2/2