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Bombay High CourtCAS/1505/2014allowed

Sou. Jagubai Subhash @ Subhedar Gavade v. Shri. Sampat Dnyandeo Raut

2015-09-23Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1505 OF 2014 IN SECOND APPEAL NO.309 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Vishwanath S. Talkute for the applicant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 23/09/2015 PC:

Heard the learned counsel for the appellant.

Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

This application is preferred by plaintiff for an order of injunction restraining respondents defendants from interfering and disturbing the peaceful possession of the plaintiff over the suit land.

Advocate for the applicant submits that ad­ interim relief is granted by this court on 27.11.2014 and same is continued till today.

Considering the submissions made by the 1/3

learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for confirmation of ad­interim relief. Hence, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) Pending the hearing and final disposal of the aforesaid Appeal, the Respondents, their agents or anyone on their behalf be restrained by an order of injunction from interfering and disturbing the peaceful possession of the Applicant over the suit land."

B) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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