Shaligram Namdeo Thakare (Patil) v. Tulshiram Namdeo Thakare (Patil)

1 sa487.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAS)NO.821/2025 In Second Appeal No.487/2022 Shaligram Namdeo Thakare (Patil) Vs. Tulshiram Namdeo Thakare (Patil) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr.A.M. Tirukh, Advocate for the appellant.

Mr. Ritesh Badhe, Advocate for the respondent. CORAM : ROHIT W.JOSHI, J.

DATE : SEPTEMBER 8, 2025.

1.

Heard.

2.

It appears from perusal of copy of the sale deed dated 24.7.2025 on record that the appellant has transferred one of the suit properties in favour of Matinoddin Khan son of Moinoddin Khan and Mathar Ullah Khan son of Ajij Khan. The present application is filed for addition of these two individuals as parties to the appeal.

3.

Having regard to the contents of the application and the copy of the sale deed, the said purchasers are ordered to be added as respondent nos.2 and 3 in the Second Appeal.

4.

The appellant to carry out amendment forthwith. 5.

Civil Application stands disposed of accordingly. Civil Application (CAS) No.820/2025 6.

This is an application for grant of temporary injunction, whereby the respondent no.1 prays that the appellant and respondent nos.2 and 3 should be restrained from creating any third-party interest. There are concurrent decrees in favour of respondent no.1.

7.

In view of the above, the appellant and the respondent nos.2 and 3 are restrained from creating any third-party interest over the suit property till further orders.

2 sa487.2022.odt Second Appeal No.487/2022 8.

Issue notice to the respondent nos.2 and 3, returnable on 24th September, 2025.

9.

The appellant is directed to serve the respondent nos.2 and 3 by Speed Post in addition to regular mode of service.

10.

The appellant is directed to file paper book in Regular Civil Appeal No.90/2009 before the next date.

11.

The parties are put on notice that the appeal will be heard finally at the admission stage.

(ROHIT W. JOSHI, J.) Mukund Ambulkar