Rajendra Baburao Pawar And ANR. v. Smt. Bhimabai Ramchandra Pawar (Deceased)

2024:BHC-AS:5645 sa_mandawgad 26cas1550-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1550 OF 2015 IN SECOND APPEAL NO.724 OF 2015 Rajendra Baburao Pawar and Anr.

... Applicants.

Versus

Smt. Bhimabai Ramchandra Pawar (since deceased) through LRs Raghunath Ramchandra Pawar ... Respondent.

--- Mr. Anant Vadgaonkar, Advocate for the Applicants. Mr. Umesh R. Mankapure, Advocate for the Respondent. ---

CORAM

: SHARMILA U. DESHMUKH, J.

DATE : FEBRUARY 05, 2024 P. C.:

1.

By the Civil Application, the Applicants seeks stay of the judgment of the Appellate Court dated 5th February, 2015. Learned counsel appearing for the Respondent submits that he will not create any third party rights in the suit premises and also will not claim any equity in event he does not succeed in the present proceeding. He further submit that he will not carry out any new construction and whatever construction will be carried out will be in consonance with the status-quo-ante. In view thereof, learned 1/2

26cas1550-15 counsel appearing for the Applicants has no objection. The statement is accepted as an undertaking to this Court. 2.

Civil Application stands disposed of in the above terms. 3.

Pending hearing and final disposal of the Appeal, the parties are directed not to interfere with the possession of other party.

( Sharmila U. Deshmukh, J.) 2/2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 06/02/2024 11:52:55