Shaikh Ashfaq Shaikh Ismail v. Shaheda Begum @ Kishwar Jahan And Another

ca15289.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15289 OF 2016 IN SECOND APPEAL NO.807 OF 2016 Shaikh Ashfaq s/o Shaikh Ismail ..APPELLANT

VERSUS

Shaheda Begum @ Kishwar Jahan w/o Shaikh Mushtaq & anr.

..RESPONDENTS Mr S. V. Natu, Advocate for applicant;

Mr Mohd. Gulam Mustafa, Advocate for respondents CORAM : N.W. SAMBRE, J.

DATE : 20th June, 2017 ORAL ORDER Heard.

2.

The lower appellate court has stayed its own judgment and decree vide order dated 14th September, 2016. It is brought to my notice that there was an injunction operating during pendency of the suit, whereby the respondents-defendants were restrained from interfering in possession of the appellant. Similar injunction is claimed to have been operational during pendency of the appeal also.

3.

In view thereof, the impugned judgment and decree to the extent of the appellant shall remain stayed and the respondents are restrained from

ca15289.16 (2) interfering in possession of the appellant.

4.

Civil Application stands disposed of in above terms. (N.W. SAMBRE, J.) amj