Dilip S/O Ramaji Poharwar And ORS v. Punjabrao Vitthalrao Vaidhya Since Dead Thr. Lrs Shobha B Saradkar

2-CAS-104-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.104 OF 2012 IN SECOND APPEAL NO.55 OF 2012 Dilip Ramaji Poharwar & Ors.

Vs.

Punjabrao Vitthalrao Vaidhya since dead thr. L.Rs. & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. P. Kshirsagar, Advocate for appellants. Shri Anjan De, Advocte for respondent Nos.

1(i) to (v) and 2 to 4.

CORAM: A. S. CHANDURKAR J.

DATED: JANUARY 21, 2015.

Prayer is to stay the effect and operation of the decree passed by the trial Court directing delivery of possession of the suit property to the respondents.

As the second appeal has been admitted and the appellants are in possession, the effect and operation of the decree passed by the trial Court as affirmed by the appellate Court is stayed during pendency of the second appeal. However, appellants shall not alienate or create third party rights in the suit property. C.A. is allowed and disposed of.

JUDGE asmita