Bombay High CourtCAS/619/2023ca disposed off

Surendrakumar S/O Dasaram Basene And Others v. Smt. Indravatibai @ Indrabai W/O Basantlal Nagpure Thr. P.O.A. Tritraj S/O Basantlal Nagpure

2023-05-04Hon'Ble Smt. Justice M. S. Jawalkar2 pages

14 cas 619-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 619/2023 IN SECOND APPEAL NO. 86/2022 Surendrakumar Dasaram Basene and others Vs.

Smt. Indrawatibai @ Indrabai Basantlal Nagpure - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Abhijeet Khare, Advocate for appellants Shri Anand Deshpande, Advocate h/f Shri S.K. Bhandarkar Advocate for respondent CORAM : SMT. M.S. JAWALKAR, J.

DATE : 04/05/2023 The present application is filed by Counsel for respondent for grant of temporary injunction. By this application, respondent is seeking injunction in favour of respondent restraining appellants and their agents from transferring, leasing out, alienating or altering the suit property or creating any third party interest. 2.

The learned Counsel for the appellant submitted that there is no intention of alienating the suit property during the pendancy of suit or appeal nor in future till the pendancy of this second appeal. So far as construction part is concerned, it is submitted that it is a cowshed ('Gotha'), which was in dilapidated condition and therefore, it was required to be re-constructed.

Jayashree..

14 cas 619-2023.odt 3.

The learned Counsel for the appellants makes a statement that they will not construct more than what is in existence as cowshed nor they have any intention to sale or create any third party interest in the property. His statement is taken on record. In view of the statement, application does not survive. Hence, application stands disposed of. 4.

List the matter after vacation.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..