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Bombay High CourtCAS/387/2019dismissed

Shri.Mahadeo Parshuram Sarade v. Shri.Ambadas Krishna Sarade And Othera

2021-02-04Hon'Ble Shri Justice C.V. Bhadang2 pages

9-cas-387-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 387 OF 2019 IN SECOND APPEAL NO. 200 OF 2019 Mahadeo Parshuram Sarade ..Applicant

IN THE MATTER BETWEEN

Mahadeo Parshuram Sarade ..Appellant Vs.

Ambadas Krishna Sarade & Ors.

..Respondents ---- Mr. Mahesh Rawool i/b. Mr. Avinash Avhad, for the Applicant / Appellant.

Mr. Ajay Joshi, for the Respondent No.1.

Mr. Shriram Chaudhari, for the Respondent No.2. ---- CORAM : C.V. BHADANG, J.

DATE : 04th FEBRUARY 2021 P.C.

.

Heard the learned counsels for the applicant and the respondents.

2.

This is an application seeking injunction restraining the respondents from creating third party interest, in the suit property, pending disposal of the appeal.

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9-cas-387-19 3.

On hearing the learned counsel for the parties, it transpires that no such injunction was operating before the Courts below. Thus, the appellant / applicant is without any such injunction since the year 2006. Thus, it is not possible to accede to the prayer as made in the application.

4.

The civil application is accordingly dismissed. Needless to mention that transfer, if any, shall be subject to the outcome of the appeal.

C.V. BHADANG, J.

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