Sushilabai Annaji Kambale v. Smt. Indubai Haribhau Deore And Another
10. SA 53.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1211 OF 2025 IN SECOND APPEAL NO.53 OF 2020 Sushilabai Annaji Kambale Vs. Smt. Indubai Haribhau Deore and anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. M. Vaishnav, Advocate for appellant.
Mr. S. B. Gandhe, Advocate for respondent No.1. Ms. S. H. Bhagat, Advocate for respondent No.3. CORAM : ROHIT W. JOSHI, J.
DATE : 09.01.2026.
.
In view of the fact that the suit property is sold by respondent Nos.1 and 2 to respondent No.3 during pendency of the present Second Appeal disregarding the terms of compromise, application for grant of temporary injunction is allowed.
2.
Respondent Nos.1 to 3 are restrained from creating any third party interest over the suit property and/or to alter the nature of the suit property during the pendency of the appeal.
3.
Likewise, the parties are also directed to maintain status-quo with respect to possession over the suit property fill final disposal of the appeal.
4.
Civil Application is disposed of.
10. SA 53.20.odt SECOND APPEAL NO.53 OF 2020 5.
Learned Advocate for the respondent Nos.1 and 2 informs that respondent Nos.1 and 2 have indicated that they want to engage another Advocate. Prima facie, it appears that respondent Nos.1 and 2 have sold the suit property to respondent No.3 disregarding compromise terms arrived at between the appellant and respondent Nos.1 and 2. The suit property is sold for a consideration of Rs.21,50,000/- to respondent No.3. Respondent Nos.1 and 2 are, therefore, directed to deposit sum of Rs.21,50,000/- with this Court on or before 31.01.2026. 6.
List the appeal for further consideration on 05.02.2026.
7.
In the event the amount is not deposited as aforesaid, respondent Nos.1 and 2 shall personally remain present before the Court on the next date of hearing.
(ROHIT W. JOSHI, J.)