Jijaba Daulata Kanse (Deceased Through Lrs.) 1a.Shantabai Jijaba Kanse v. Sopan Patalu Kanse And Others

by VARSHA VIJAY RAJGURU Date:

2024.12.14 16:11:34 +0530 VARSHA VIJAY RAJGURU 7-cas-1649-2018-sa-736-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1649 OF 2018 IN SECOND APPEAL NO. 736 OF 2018 Jijaba Daulata Kanse (Deceased through Lrs) 1A. Shantabai Jijaba Kanse and Ors ... Applicants vs.

Sopan Patalu Kanse and Others ... Respondents Mr. S.S. Patwardhan a/w. Mr. Chetan Patil for Applicants. Mr. Yajuvendra S. Singh for Respondent Nos. 1, 2A to 2H, 3 and 4. CORAM : GAURI GODSE, J.

DATED : 13th DECEMBER 2024 ORDER:

1.

This application is for an order of injunction restraining respondents from obstructing the appellant's possession over the suit property and restraining them from creating any third party interest in respect of the suit property.

2.

The second appeal arises out of suit for partition and separate possession. Hence, there cannot be any order of restraining respondents from obstructing possession of the applicants. Page no. 1 of 2

7-cas-1649-2018-sa-736-2018.doc 3.

Second appeal is already admitted. Hence, during the pendency of the second appeal, parties shall not create any third party interest in respect of the suit property. 4.

Civil application is disposed of .

(GAURI GODSE, J.) Page no. 2 of 2