Nitin Bajranglal Malu And ANR v. Mustafakhan Yusufkhan Pathan Died Thr Lrs Bashidkhan M Pathan And ORS

PB1-CA-15849-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15849 OF 2022 IN FIRST APPEAL NO. 3595 OF 2022 Nitin Bajranglal Malu and Another ..APPLICANTS

VERSUS

Mustafakhan Yusufkhan Pathan (Died) Through L.Rs.

Bashidkhan Mustafakhan Pathan and Others ..RESPONDENTS ....

Mr. V.J. Dixit, Senior Advocate i/b Mr. S.V. Dixit, Advocate for applicants Mr. S.S. Manale, Advocate for respondents ....

CORAM : R.G. AVACHAT AND R.M. JOSHI, JJ.

DATE : 01st DECEMBER, 2022 PER COURT :

1.

Heard.

2.

Issue notice to the respondents. Mr. Manale, learned counsel, waives service of notice on their behalf.

3.

It was pointed out to this Court during the course of submission that an undertaking was given by the defendants/respondents in the trial Court not to alienate the subject matter of the present appeal. Both the learned counsel propose for hearing of the appeals at the stage of admission and hence, the undertaking given by the defendants/respondents during the 1 / 2

PB1-CA-15849-22.odt trial is extended for a period of twelve months from the date of this order. In addition thereto, the respondents are hereby restrained from changing the nature of the property for the aforesaid period. 4.

Civil application stands disposed of accordingly. ( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2