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Bombay High CourtCAS/409/2014dispossed offdismiss for default

Vishnu S/O Martanda Totare And 2 Others v. Kisan Dnyanba Thokare

2015-03-09Hon'Ble Shri Justice A.S. Chandurkar2 pages

cas409.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application (S) No. 409 of 2014 in SECOND APPEAL No. 182 of 2014 (Vishnu s/o Martanda Totare and ors. Vs. Kisan Dnyanba Thokare) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Ms. R. G. Nitnaware, Advocate h/f Shri M. P. Kariya, Advocate for applicants CORAM: A. S. CHANDURKAR, J.

DATED: 9-3-2015.

Heard.

Prayer is to stay the effect and operation of the decree passed by the trial Court restraining the defendants from interfering with the possession of the plaintiff. Said decree stands modified by the first appellate Court directing the defendants to remove the encroachment.

It is submitted that the order of status quo is operating and as the second appeal is admitted, aforesaid position needs to be maintained.

cas409.14 None appears for the respondent though served. Hence, parties are directed to maintain status quo during pendency of the second appeal.

The civil application stands disposed of.

JUDGE wasnik