Shri Manikrao S/O Wadguji Waghdhare v. Krishnarao W Waghdhare (Deceased) Thr Lrs Smt. Chanchala L. Murarkar And 10 Others

9cas403.2020.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NOS. 403 OF 2020 IN SECOND APPEAL NO. 252 OF 2012 Shri Manikrao Waghdhare V/s Shri Krishnarao Waghdhare (deceased) thr. L.Rs Smt Chandrabhagabai wd/o Krishnarao Waghdhare (dead) and others. Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri N.A. Vyawhare Advocate for Applicant/Appellant. Shri Dhage, Advocate for Respondent Nos. 1, 8 to 11. CORAM: S.M. MODAK, J.

DATE : 07/06/2022.

Heard both the sides.

2.

There is a request to injunct the respondents from carrying out construction on the suit property and from creating third party interest. So far as request not to create third party interest is concerned, already there is ad-interim relief granted till appearance of respondents, as per the order dated 11.09.2013. It was continued during the pendency of the appeal as per the order dated 21.10.2016.

3.

So far as the second prayer about construction is concerned, at present the appellant do not want to press that prayer in view of the averments in the reply

9cas403.2020.odt 2/2 filed by the respondents.

4.

In view of that, this application is disposed of. 5.

The appellant is at liberty to file fresh application if the need arises.

6.

Matter be kept on third week of July, 2022 for final hearing.

JUDGE rkn Signed By:RAJESH K NANDURKAR