Sau. Vandana W/O Ramesh Sahastrabuddhe v. Sau Jayshree W/O Anil Sable
18-CAF-393-15 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.393 OF 2015 IN FIRST APPEAL NO.99 OF 2015 Vandana w/o Ramesh Sahastrabuddhe -vsJayashree w/o Anil Sable ---------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Bhamburkar, Advocate for applicant/appellant. Shri D. V. Siras, Advocate for respondent.
CORAM : A.S.CHANDURKAR, J.
DATE : APRIL 29, 2015 By this application, the applicant seeks an order of temporary injunction seeking to restrain the non-applicant from alienating the suit property or changing its nature. It is stated that the suit filed by the present appellant was partly decreed with a direction to pay the amount of earnest money. It is stated that the applicant is willing to deposit balance consideration of Rs.12,00,000/- in this Court within period of four weeks from today. Similarly on behalf of the non-applicant it is submitted that she is in possession of the suit property and is also willing to return to the applicant the amount of Rs.9,00,000/-.
Considering the nature of decree passed by the trial Court, the following order is passed :
(i) The applicant is directed to deposit in this Court a sum of Rs.12,00,000/- within period of four weeks from today. (ii) Similarly, the non-applicant is directed to deposit the amount of Rs.9,00,000/- within period of four weeks from today.
18-CAF-393-15 2/2 (iii) If aforesaid amounts are so deposited, they shall be invested into separate accounts of Fixed Deposit. (iv) If the applicant deposits aforesaid amount, the Civil Application shall stand allowed in terms of prayer clause (a) thereof.
(v) If said amount is not deposited by the applicant within said period, the application shall stand dismissed without reference to the Court.
Civil Application is disposed of in aforesaid terms. JUDGE Asmita