Shri. Ramkisan S/O Prabhatilal Agrawal v. Shri. Raishabh S/O Ramkisan Agrawal

cas1326of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) 1326 OF 2018 and CIVIL APPLICATION (CAS) 199 OF 2019 IN SECOND APPEAL 535 OF 2018 (Ramkisan s/o. Prabhatilal Agrawal...vs.. Shri Raishabh s/o. Ramkisan Agrawal & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.R. Agrawal, counsel for appellant.

Shri P.N. Kothari, counsel for non-applicants. CORAM: ROHIT B. DEO, J.

DATE: 20 th MARCH, 2019.

Both these applications for grant of stay and for injunction can be disposed of in view of the statement of the learned counsel Shri P.N. Kothari which is made on instructions received from respondents, that no third party interest shall be created in the suit property nor shall the nature of the suit property be altered by effecting any construction thereon or otherwise. Shri P.N. Kothari states that since 75% of the suit structure which is according to him is dilapidated is demolished, the respondents be permitted to demolish the remaining structure. Shri P.N. Kothari states on instructions received that the respondents shall not part with the valuable part of the debris or salvage including the wood etc. The statement is accepted as an undertaking.

The applications are disposed of.

JUDGE rsb