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Bombay High CourtCA/16087/2016disposed offdismissed for default

Dilipsing Vitthalsing Tehra v. Parvatibai Vitthalsing Tehra (Died) And Others

2017-04-21Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 CA / 16087-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16087 OF 2016 IN SECOND APPEAL NO.883 OF 2016 Dilipsing Vitthalsing Tehra .. APPLICANT/ (APPELLANT) Vs.

Parvatibai Vitthalsing Tehra died and others .. RESPONDENTS (ORIG. DEFTS.) ---- Mr. A.A. Mukhedkar, Advocate for the applicant Mr. P.R. Katneshwarkar, Advocate h/f Mr. S.N. Janakwade, Advocate for respondent no.3 ---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 21-04-2017 ORDER :

1.

Heard learned counsel for the parties.

2.

It appears that while first appeal against the dismissal of suit of the appellant had been pending before this court, the defendants were restrained from alienating, creating third party interest or changing the nature of suit property. 3.

In the circumstances, no alienation/creation or third party interest, shall take place without prior permission of this court.

2 CA / 16087-2016 During pendency of second appeal, the nature of the property is not expected to be altered.

4.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH] JUDGE arp/