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Bombay High CourtCAS/365/2019allowed

Smt.Yesubai Baburao Salgar v. Shri.Annapa Baburao Salgar And Others

2021-03-30Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

14-CAS-365-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.365 OF 2019 IN SECOND APPEAL (ST) NO.5644 OF 2019 Smt. Yesubai B. Salgar ... Applicant Vs Shri Annapa B. Salgar & Anr.

... Respondents ...

Mr. Nilesh M. Wable for the Applicant.

Mr. Akshay Kashid i/by Mr. Ashok B. Tajane for the Respondent No.1.

CORAM : SANDEEP K. SHINDE J.

DATE : 30 th MARCH, 2021.

P.C. :

Heard learned counsel for the parties.

Second Appeal has been admitted on 1st February, 2021 on the substantial questions of law. Appellant is mother and defendants are her sons. Her suit for declaration and perpetual injunction was decreed by the Trial Court whereby defendant no.1 was restrained from Shivgan 1/2

14-CAS-365-2019.odt alienating or creating third party interest in suit property Block No.23/2. This restraint order was in force during the pendency of the Regular Civil Appeal No.257 of 2017. In view of the facts of the case and in the circumstances, pending appeal, there shall be interim relief in terms of prayer clause ( c ).

The Civil application is allowed and disposed of accordingly.

(SANDEEP K. SHINDE, J.) Shivgan 2/2