Nandkishor S/O Kapoorchand Bagadiya v. Kamalkishor S/O Kapoorchand Bagadiya And Others

ca988of17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION 988 OF 2017 (Nandkishor s/o. Kapoorchand Bagadiya..vs.. Kamalkishor s/o. Kapoorchand Bagadiya & ors) --------------------------------------------------------------------------------------------------------------------------------- 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 appellant.

Shri S.P. Kshirsagar, counsel for respondents 2 to 5. CORAM: ROHIT B. DEO, J.

DATE: 21 st December, 2018.

The trial Court has dismissed the suit for partition and separate possession. The appeal is dismissed by the first appellate Court. In this view of the matter, prayer 1 for grant of stay to the judgment and decree of the Courts below is clearly misconceived. However, it would be in the interest of justice if, respondents are directed not to create any third party interest in the suit property, during the pendency of the appeal.

Civil Application is disposed of accordingly. JUDGE RSB