Dinkar Dhondi Kadam v. Vilas Laxman Pawar And ORS.

73.945.15 sa.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 945 OF 2015 WITH CIVIL APPLICATION NO. 2030 OF 2015 IN SECOND APPEAL NO. 945 OF 2015 Dinkar Dhondi Kadam .....Appellant Vs.

Vilas Laxman Pawar and Ors .....Respondents Ms. Anjali R. Shiledar Baxi for the appellant Mr. Nikhil N. Pawar for respondents CORAM : GAURI GODSE, J.

DATE :

13th JUNE 2024 ORDER:

CIVIL APPLICATION NO. 2030 OF 2015:

1.

Second appeal is arising out of dismissal of the appellant's suit for specific performance. Second appeal is already admitted. 2.

Learned counsel for the appellant submits that if the respondents 1/2

73.945.15 sa.docx create third party rights, same will cause prejudice to the rights and contentions of the appellant.

3.

Learned counsel for the respondents submits that no case is made out for grant of interim relief as there is no apprehension expressed with regard to creation of any third party interest. 4.

I have perused the papers. In the event the respondents create third party rights, same would cause prejudice to the rights and contentions of the appellant and would result into multiplicity of proceedings. Hence, during the pendency of the second appeal, there will be interim relief in terms of prayer clause (b). 5.

During the pendency of the second appeal, both parties shall not create third party interest in respect of the suit property. 6.

Civil Application is disposed of in above terms. [GAURI GODSE, J.] IRESH MASHAL IRESH MASHAL Date: 2024.06.19 19:53:28 +0530 2/2