Vaijanti Bhagwan Sasane And ORS v. Tushar Sadshivrao Manwar

2025:BHC-AUG:8684 930-ca-1386-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 1386 OF 2025 IN SA/351/2024 VAIJANTI BHAGWAN SASANE AND ORS

VERSUS

TUSHAR SADSHIVRAO MANWAR ...

Katneshwarkar P R And Anuj A. Fulpagar, Advocate for Applicant Mr.N. S. Muthiyan And S.R.Nehri Advocate for Respondent ...

WITH SECOND APPEAL NO. 351 OF 2024 VAIJANTI BHAGWAN SASANE AND ORS

VERSUS

TUSHAR SADSHIVRAO MANWAR CORAM :

ROHIT W. JOSHI, J.

DATE :

19th MARCH, 2025 P.C.:

1.

The appeal is admitted vide order dated 05.03.2025 on substantial question of law. The appellant is admittedly owner of the suit property and in possession of the same. In that view of the matter parties are directed to maintain status quo with respect to possession over the suit property and also not to create any third party interest over the suit property till the final disposal of the appeal. Likewise, the appellant is directed not to part with possession of the suit property till the final disposal of the appeal.

2.

In the event, appellant intends to make any further construction or development over the suit property, she will not be entitled to seek any equities on the basis of such construction or development activities.

930-ca-1386-2025.odt In the event the appeal is dismissed, the respondent/orig. plaintiff will have the option of retaining the construction over the the suit property as it is or to have it removed at the cost of the appellant/defendant. 3.

Civil Application is disposed of in the aforesaid terms. [ROHIT W. JOSHI J.] Narwade/