Shri. Mahalaxmi Sah. Grahtaran Sanstha Maryadic v. Ramakant Vasantrao Tavade(Since Decd. Through Legal Heirs) And ORS

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 626 OF 2015 WITH CIVIL APPLICATION NO. 1365 OF 2015 IN SECOND APPEAL NO. 626 OF 2015 Mahalaxmi Sah. Grahtaran .....Appellant Sanstha Maryadit Vs.

Ramakant Vasantrao Tavade .....Respondents (Since Decd. Thr. LRs) and ors WITH INTERIM APPLICATION NO. 14225 OF 2023 IN SECOND APPEAL NO. 626 OF 2015 Madhukar Anant Shevade and ors ....Applicants IRESH MASHAL

IN THE MATTER BETWEEN

Digitally signed by IRESH MASHAL Date:

2025.04.04 10:01:43 +0530 Mahalaxmi Sah. Grahtaran .....Appellant Sanstha Maryadit Vs.

Ramakant Vasantrao Tavade .....Respondents (Since Decd. Thr. LRs) and ors Mr. R. P. Walvekar for the applicant in IA 14225/2023 Mr. Amey Sawant for appellant Mr. Utkarsh Desai i/b Mr. P. S. Bhavake for respondents 1/4

CORAM : GAURI GODSE, J.

DATE :

2nd APRIL 2025 ORDER:

INTERIM APPLICATION NO. 14225 OF 2023:

1.

Learned counsel for the applicant on instructions seeks leave to withdraw this application.

2.

Leave granted. Interim application is dismissed as withdrawn. CIVIL APPLICATION NO. 1365 OF 2015:

3.

This application is for injunction in an admitted second appeal. The prayer for injunction is for restraining the respondents from creating third party rights or developing or carrying out any construction on the suit property.

4.

All the respondents are served and the learned counsel who appears for the respondents submits that he appears for all the respondents.

5.

By order dated 22nd September 2015, the parties were directed 2/4

to maintain status-quo as on that day. The said order is operating till date.

6.

In response to the submissions made on behalf of the applicants for confirming the order of status-quo, learned counsel for the respondents submits that since the order of status-quo is operating since 22nd September 2015, the same can be confirmed. He, however, submits that the second appeal be taken up for final hearing. By order dated 3rd February 2025, interim application filed by respondents for fixing the early date of hearing is already rejected after hearing the learned counsel for respondents.

7.

Hence, for the reasons recorded in order dated 3rd February 2025, at this stage, the second appeal cannot be taken up for final hearing.

8.

Learned counsel for the respondents, however, submits that on 10th January 2024, this Court had directed that the appeal be listed for final hearing.

9.

Office is therefore directed to verify whether the second appeal is ready for final hearing. If the second appeal is ready for final hearing, 3/4

office is directed to add the second appeal to weekly final hearing board in the month of June 2025.

10.

During the pendency of the second appeal, ad-interim protection granted by order dated 22nd September 2015 shall continue. 11.

Civil Application No. 1365 of 2015 is disposed of. [GAURI GODSE, J.] 4/4