Sou. Suvarna Raghunath Patil And ANR v. Shri. Bhalchandra Dhondiram Nidhorikar And ORS.

9-cas1395-15.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1395 OF 2015 IN SECOND APPEAL NO.659 OF 2015 Suvarna R. Patil & Anr.

...Applicants V/s.

Bhalchandra D. Nidhorikar & Ors.

...Respondents

Mr.Nikhil Wadekar i/b Mr.Nandu V. Pawar for the Applicants. Mr.Prajakt M. Arjunwadkar Respondent Nos.1 to 5, 7 to 14 in S.A. No.659 of 2015.

CORAM : R.D. DHANUKA, J.

DATE : 30TH SEPTEMBER, 2019.

P.C. :- 1.

By a separate order passed by this Court in Second Appeal Nos.659 of 2015 and 420 of 2015, this Court has already admitted both the appeals on the substantial questions of law formulated by this Court.

2.

In my view the findings rendered by the learned Lower Appellate Court is contrary to the stand taken by the defendant nos.2 to 8 who were appellants before the Lower Appellate Court. The properties are thus required to be protected. 3.

The civil application is made absolute in terms of prayer clause (b). There shall be no order as to costs. (R.D. DHANUKA, J.) 1/1