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Bombay High CourtCAS/1542/2017ca disposed off

U.R. Gaurkar (Dead) Thr. Lrs. Smt. G.U. Gaurkar (Dead) Thr. Lrs. Wasudeo Uddhav Gaurkar And Others v. Mahadeo Devaji Mahakulkar

2019-08-13Hon'Ble Shri Justice V.M. Deshpande2 pages

cas1542.17 2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAS NO.1542/2017 IN SA NO.765/2017 Uddhav Ramaji Gaurkar (dead) thr. his Legal Representatives Smt.Trivenibai Uddhav Gaurkar (dead) thr. LRs ..vs..

Mahadeo Devaji Mahakulkar ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri A.V.Bhide, Counsel for the Applicants/Appellants. Shri N.B.Bargat, Counsel for the Respondent.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 13, 2019.

1.

This is an application under Order XLI Rule 5 of the Code of Civil Procedure for grant of Stay. 2.

Heard learned counsel Shri A.V.Bhide for the applicants/appellants and learned counsel Shri N.B.Bargat for the respondent.

3.

Suit for permanent injunction was decreed by learned Judge of Trial Court. During the pendency of suit, permanent injunction was operating in favour of the plaintiff. The respondent/defendant filed an appeal, however no interim order was granted in favour of the plaintiff by learned Judge of Lower Appellate Court. The appeal was dismissed. Against that, the present second appeal is filed.

4.

On 25.7.2018, this Court (Coram :

A.S.Chandurkar, J.) issued Notice and directed that the .....2/-

cas1542.17 2 parties shall maintain status quo until further orders. On 29.1.2019, the present second appeal is admitted. As on today, order passed on 25.7.2018 is in operation. 5.

In this view of the matter, the present civil application is allowed. The parties are directed to maintain status quo as appearing on 25.7.2018.

6.

The civil application stands disposed of accordingly.

JUDGE !! BRW !!

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