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Bombay High CourtFA/1845/2024disposed off

Ghanshyam @ Ganesh Sitaram Kurdhondkar v. Shri. Datta Mandir Va Math Thr. President And Secretary And ORS.

2024-11-29Hon'Ble Justice Sharmila U. Deshmukh2 pages

22-FA-1845-2024+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1845 OF 2024 Ghanshyam Alias Ganesh Sitaram Kurdhondkar ...Appellant

Versus

Shri Datta Mandir Va Math Through President And

...Respondents

Secretary & Ors WITH INTERIM APPLICATION NO. 9674 OF 2024 IN FIRST APPEAL NO. 1845 OF 2024 WITH INTERIM APPLICATION NO. 988 OF 2024 IN FIRST APPEAL NO. 1845 OF 2024 SHEPHALI SANJAY MORMARE Mr Vaibhav Ugle, for the Appellant.

Mr Yuvraj Narvankar (appeared online) for Respondent No. 3. SHEPHALI SANJAY MORMARE Date: 2024.11.30 09:31:14 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

29th November 2024 PC:- 1.

The matter was circulated at the instance of Respondent No. 3. I have heard Learned Counsel for Respondent No. 3, who points out that

22-FA-1845-2024+.DOC the interim order is prejudicing the Respondents in as much as the Appellant has also filed a Civil Suit seeking reliefs against the trust qua the said property, in which there was no interim relief granted in favour of the Appellant. Furthermore, he submitted that the Suit has been suppressed by the Appellant to these proceedings. He submitted that the First Appeal has originally filed. There has been a suppression. The same is come to their knowledge only by way of a Civil Application. 2.

He thus submitted that the First Appeal be listed for admission to enable the Respondents to argue why the interim relief should not be vacated.

3.

List the matter on 13th December 2024 for admission. 4.

Interim relief to continue until the next date. (ARIF S. DOCTOR, J)