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Bombay High CourtCAS/759/2017admittedallwdgrantedrule absolute

Balkrishna S/O Shriram Warghane v. Shriram S/O Mahadeo Warghane And Others

2018-01-12Hon'Ble Shri Justice A.S. Chandurkar1 pages

8-CAS-759-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 759 OF 2017 IN SECOND APPEAL NO.411 OF 2017 Balkrishna s/o Shriram Warghane, Narsala Road, Nagpur -vsShriram s/o Mahadeo Warghane and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. K. Joshi, Advocate for appellant/applicant. CORAM : A.S.CHANDURKAR, J.

DATE : January 12, 2018 By this application it is prayed that the non-applicant No.1 be restrained from alienating the suit properties during pendency of the appeal. According to the applicant he has 1/4th share in the suit property. One property stands alienated in favour of nonapplicant No.4 on 12/04/2004. It is likely that other properties would also be alienated.

Notice was issued to the non-applicants as per order dated 26/07/2017. The non-applicants are duly served and despite opportunity no reply has been filed.

Considering the fact that the Second Appeal has been admitted and it is necessary to protect the remaining suit properties, the non-applicant No.1 is restrained from alienating the suit properties during pendency of the appeal. Application is allowed and disposed of.

JUDGE Asmita