Purshottam Vasant Vathare (Since Deceased Thr. Legal Heirs) v. Ramu Kashinath Kadam (Since Deceased Thr. Legal Heirs)

1 1 CAS 557-16 in SA 492-15 w CAS 1055 1056-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 557 OF 2016 Ramu Kashinath Kadam (Deceased Through his legal heirs) 1a.

Sarubai Ramu Kadam (Deceased through her legal heirs) 1b.

Sarjerao Ramu Kadam & ors.

... Applicants V/s.

Purushottam Vasant Vathare (Deceased Through legal heirs) 1a. Mrs.Pradnya Jayant Deshpande & ors.

... Respondents.

IN SECOND APPEAL NO. 492 OF 2015 Along with CIVIL APPLICATION NO. 1055 OF 2015 And CIVIL APPLICATION NO. 1056 OF 2015 Purushottam Vasant Vathare (Deceased Through legal heirs) 1a. Mrs.Pradnya Jayant Deshpande & ors.

... Appellants.

V/s.

Ramu Kashinath Kadam (Deceased Through his legal heirs) 1a.

Sarubai Ramu Kadam (Deceased through her legal heirs) 1b.

Sarjerao Ramu Kadam & ors.

... Respondents.

2 1 CAS 557-16 in SA 492-15 w CAS 1055 1056-15.doc Mr.V.B.Konde-Deshmukh a/w Mr.Prashant Patil, for Applicants in C.A No.557 / 2016 and R.1-B to 1-D, 1-F to 1-I, in Second Appeal No.492 / 2015.

Mr.Uday Warunjikar, for the Appellant in S.A No.492 / 2015 and Applicants in C.A No.1055 / 2015 and C.A. No.1056 / 2015. CORAM : N.M. Jamdar, J.

Thursday 21 April, 2016.

P.C. :- The learned counsel for the Appellants submitted that he has received telephonic instructions that the Appellants have sold the property to a third person. He seeks time to take written instructions in that regard. If this information is correct then since the Appellants have sold the property when the Civil Application was being argued without seeking leave of the Court, I would proceed to vacate the interim protection granted in favour of the Applicants as they do not need such protection any more. However, since the learned counsel for the Appellants has sought time to take written instructions, stand over to 26 April 2016, 'for directions'.

(N.M. Jamdar, J.)