Bombay High CourtCAA/88/2014dispossed offdismiss for default

Shri Kishor S/O Devidas Kambhale And Others v. Shri Dattu S/O Ramaji Sahare

2015-01-30Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

APPEAL AGAINST ORDER NO.77 OF 2014 (Shri Kishor s/o Devidas Kambhale and others ..vs.. Shri Dattu s/o Ramaji Sahare) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 30-01-2015 Heard Shri Anand Jaiswal, the learned Senior Advocate assisted by Shri Makrand Rajkondawar, learned Advocate for the appellants and Shri S.L. Kotwal, the learned Advocate for the respondent.

Admit.

Shri S.L. Kotwal, the learned Advocate, waives service of notice for the respondent.

Civil Application No.87 of 2014.

This is an application filed by the appellants seeking stay to the order passed by the trial Court granting injunction restraining the appellants from disturbing the possession of the respondent over the suit property and from creating third party interest in the suit property. Shri Anand Jaiswal, the learned Senior Advocate submits that the appellants want to place on

2 ao77.14 record some documents to bring on record the subsequent developments. It is submitted that the suit property is sold by the appellant Nos.1 to 4. Considering the nature of dispute and the submission as made on behalf of the appellants that the appellant Nos.1 to 4 have sold the suit property and the fact that the appellant No.5 had already sold the suit property to the appellant Nos.1 to 4, the prayer for grant of interim stay cannot be considered at the behest of the appellants.

The civil application is dismissed.

Civil Application No.88 of 2014.

The filing of true translation of the documents in vernacular is dispensed with. The applicants shall remove the other office objections within six weeks from today, failing which the appeal shall stand dismissed. The application is disposed accordingly.

JUDGE pma