Mr. Popatrao Ramchandra Ingale And ORS. v. Mr. Pralhad Ramchandra Ingale

suresh 18-CAF-2466.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2466 OF 2015 IN FIRST APPEAL NO.1101 OF 2014 Popatrao Ramchandra Ingale & Others .... Applicants Vs.

Pralhad Ramchandra Ingale .... Respondent Mr. Samarth R. Moray i/b Mr. Vishwanath S. Talkute for the Applicants.

Mr. N.M. Sathaye for the Respondent.

CORAM: A.S. OKA & REVATI MOHITE DERE, JJ.

DATED: AUGUST 03, 2015 P.C:

1.

Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent. The impugned degree is of partition. The appeal has been admitted against the impugned decree.

2.

The learned counsel appearing for the respondent/original plaintiff submits that the property/subject­ matter of the suit is a hotel premises and the applicants are

suresh 18-CAF-2466.2015 earning income from the hotel premises.

3.

We dispose of the application by passing the following order:

ORDER

(i) The partition proceedings in terms of the impugned decree shall continue. However, the actual physical partition by metes and bounds shall not be effected without prior permission of this Court.

(ii) This order will not preclude the respondent from filing a separate application seeking appropriate relief as regards the income earned by the applicants.

(iii) The application is disposed of in above terms. (REVATI MOHITE DERE, J.) (A.S. OKA, J.)