M/S. Hajarimal Jaganath And Company Thr Partner Anil S/O. Manohar Biyani v. The State Of Maha., Thr Collector, Akola And Other

sa 64-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL No. 64 OF 2016 (M/s Hajarimal Jaganath & Company Vs. The State of Maharashtra Through Collector, Akola & others ) ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. G. Bhangde, Sr. Advocate along with Shri S.N.Tapadia, for appellant.

CORAM : A.S.CHANDURKAR, J.

DATE : September 4, 2017 Admit on the substantial questions of law framed on 1.8.2017.

Learned Assistant Government Pleader Ms H. N. Jaipurkar, waives notice of respondents. Hearing expedited.

CIVIL APPLICATION (CAS) No. 166 OF 2016 By this application it is prayed that respondents be restrained from disturbing the possession of the applicant over the suit property. It is stated that the applicant is in possession and as a result of adjudication of the suit, its possession is likely to be disturbed.

The application is opposed by the learned Assistant Government Pleader for the non-applicants on the ground that both the Courts have rightly refused to grant relief to the original plaintiff.

sa 64-16 2/2 As the appeal has been admitted and an order of status-quo is operating since 24.2.2016, the parties shall continue to maintain status-quo in terms of that order during pendency of the appeal. The applicant shall however, not change the nature of the suit property.

Application is disposed of.

JUDGE rgingole