Nivrutti Maruti Satpute (Since Deceased Through Legal Heirs) And ORS. v. Smt. Ambutai Janardan Satpute And Others
CAS-667-2015 and CAS-309-2016 .doc BDP-SPS-TAC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.667 OF 2015 BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2022.10.21 20:17:07 +0530 IN SECOND APPEAL NO.299 OF 2015 WITH CIVIL APPLICATION NO.309 OF 2016 IN SECOND APPEAL NO.299 OF 2015 Nivrutti Maruti Satpute Through Legal Heirs a. Radhabai Nivrutti Satpute and Ors.
..... Appellants.
V/s Smt. Ambubai Janardan Satpute and Ors.
...... Respondents.
---- Mr. Yuvraj Narvankar for the Applicants in both the above Applications Mr. Abhijit M. Adagule for Respondents in both the Applications. --- CORAM: NITIN W. SAMBRE, J.
DATE: OCTOBER 21, 2022 P.C.:- 1] These Applications are for grant of stay and injunction. I have perused the evidence of the Appellants. Fact remains that Defendant No.6, purchaser of the property has not preferred any appeal and as such has accepted judgment of both the Courts. As such case for relief of injunction as prayed in the matter of property purchased by Defendant No.6 i.e. Mr. More is not made out and prayer to that extent stands rejected.
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CAS-667-2015 and CAS-309-2016 .doc 2] As regards the possession of the Appellants over the suit properties is concerned, the Appellant Nivrutti has examined himself at Exhibit-186/C in RCS No.722 of 1991 in which he has given admission that it is the Respondents who are in possession of the suit properties. In view of above, interim relief sought by the Appellants as regards protection of possession as such stands rejected. 3] However, in view of the substantial questions of law raised in the above Second Appeal, particularly having regard to subsistence of marriage between Maruti and Housabai, and Housabai being one of the Plaintiffs to the suit, there shall be injunction against the Respondents from creating third party interest in relation to the suit properties.
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