Shiodas Kothuji Borkar v. Smt. Rasika Kashiram Lonare And Another

1 1907cas190.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.190 OF 2016 IN SECOND APPEAL NO.82 OF 2006 SHIODAS KOTHUJI BORKAR VS SMT. RASIKA KASHIRAM LONARE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P. A. Markandeywar, Advocate for the appellant. Shri R. A. Gupte, Advocate for respondent no.1. CORAM : A.S. CHANDURKAR, J.

DATED : JULY 19, 2017.

By this application, it is prayed that possession of the applicant may not be disturbed during pendency of the second appeal. In the application, it is stated that during pendency of the civil suit an order of temporary injunction was operating and the suit was thereafter decreed. The application is opposed by the non-applicant by filing reply. It is disputed that the applicant is in possession.

Considering grant of temporary injunction by the trial Court which continued to operate even during pendency of the appeal, without prejudice to the rights of the parties, the possession of the applicant shall remain protected during

2 1907cas190.16 pendency of this second appeal.

Civil application is disposed of.

JUDGE /MULEY/