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Bombay High CourtIA/4261/2023disposed off

Baburao Balwant Parmale v. Shri. Vishwabhushan Shrikant Alias Annaso Patil

2023-08-31Hon'Ble Shri Justice N. R. Borkar2 pages

2023:BHC-AS:25316 25-IA-4261-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4261 OF 2023 IN SECOND APPEAL NO.326 OF 2023 Baburao Balwant Parmale since deceased through legal heirs Rekha Baburao Parmale And Ors.

...Applicants

Versus

Vishwabhushan Shrikant Alias Annaso Patil & Ors.

...Respondents

Mr. Prajakt Arjunwadkar for the Applicants.

Mr. M. L. Patil for Respondent No.1.

Mr. Rugwed R. Kinkar a/w Mr. Dheeraj Patil for Respondent Nos.2 (ii) (i), 2(ii) (ii), 2 (ii) (iii) and 2(iii).

****** CORAM : N.R. BORKAR, J.

DATED : 31 AUGUST 2023 P.C. :

The learned counsel for the respondent no.1/original plaintiff, on instructions, submits that no third party rights or interest will be created in the suit property, till the decision of the present Second Appeal.

2.

In view of the above statement, the Interim Application is disposed of.

Sayyed 1 / 2

25-IA-4261-2023.doc 3.

It appears that in relation to the very same property which is subject matter of the present Appeal the Appellant has filed another suit, being Special Civil Suit No.120 of 2013 which is pending on the file of Civil Judge, Senior Division, Sangli. As the fate of the said suit is dependent upon the outcome of the present Second Appeal, further proceedings in said Special Civil Suit are hereby stayed. (N.R.BORKAR, J.) Sayyed 2 / 2 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 02/09/2023 13:06:39