Rajnarayan @ Rajesh S/O Shivsahay Shukla (Dead) Thr. His Lrs. Smt. Prabha Wd/O Rajnarayan Shukla An v. Ashok S/O Baburao Shende

0401cas102.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAS) No.102 of 2015 In Second Appeal No.46 of 2015 [Rajnarayan @ Rajesh s/o Shivsahay Shukla (died on 10-11-2014) by his legal heirs - Smt. Prabha wd/o Rajnarayan Shukla and others v. Ashok s/o Baburao Shende] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.V. Sohoni, Advocate for Applicants/Appellants. Shri M.P. Kariya, Advocate for Respondent.

Coram : R.K. Deshpande, J.

Date : 4 th January, 2017 Heard the learned counsels appearing for the parties. After going through the findings recorded by both the Courts below, I am satisfied that the substantial questions of law framed by this Court on 23-2-2015 arise in the present appeal. Hence, Admit.

The learned counsel for the respondent waives service of notice.

The interim order passed by this Court shall continue to operate pending the decision of the appeal.

0401cas102.15.odt The appellants shall not create any third party interest in respect of the suit property.

The civil application is disposed of.

Judge.

Lanjewar