Yeshodabai W/O Batukji Devani v. Nandkishor S/O Gopaldas Sharma

cas267of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) 267 OF 2019 in SECOND APPEAL 296 of 2014 (Yeshodabai w/o.Batukji Devani..vs.. Nandkishor s/o. Gopaldas Sharma) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.R. Deshpande, counsel for applicant.

Shri N.S. Warulkar, counsel for respondent.

CORAM: ROHIT B. DEO, J.

DATE: 20 th MARCH, 2019.

This application is taken out purportedly under section 151 of the Code of Civil Procedure to direct the Tahsildar to mutate the name of the present appellant in place of respondent. The relief sought can not be granted at this stage. This Court by order dated 16.12.2015 has already directed the respondent not to create any third party interest in the suit property.

The respondent has mortgaged the suit property as security for loan. However, the learned counsel for the respondent states that the mortgage is created prior to the interim order dated 16.12.2015.

The respondent is directed not to create any further third party interest in the suit property.

The application is disposed of.

JUDGE rsb