Administrator (Chairman) Vijay Satbir Singh Nanded And Another v. S. Surjeetsingh Devendrasingh Motorwale And ANR

2025:BHC-AUG:12697 ca 4420.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 CIVIL APPLICATION NO. 4420 OF 2025 IN SA/583/2011 Administrator (chairman) Vijay Satbir Singh Nanded And Another

VERSUS

S. Surjeetsingh Devendrasingh Motorwale And Anr ...

Advocate for Applicant : Mr. Mandlik Pratap Pravin Advocate for Respondents : Mr. Y R. Barhate For R/1, Mr. M.D. Narwadkar For R/2 ...

WITH SECOND APPEAL NO. 583 OF 2011 CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 28, 2025 PER COURT :- 1.

Present application is filed seeking injunction against respondent no.1, thereby restraining him or anybody claiming through him from changing the nature of the suit property or subletting the same, thereby creating third party interest.

2.

Learned advocate appearing for the respondent no.1, voluntarily files an undertaking to this Court stating that he shall not carry further construction, alternation or modification in the suit property without prior written permission of the applicant- Gurudwara Sachkhand Shri Huzur Apchalnagar Sahib, Nanded. He also undertakes to not to transfer possession of the suit property or create third party interest or encumbrances. He further undertook that he will abide by any further orders passed by this Court in the present matter.

ca 4420.25.odt 3.

Learned advocate appearing for respondent no.1 further adds on instructions that, in case, respondent no.1 is required to remove the construction made by him on the suit property, he shall do it voluntarily on his own expenses within a period of eight (8) weeks from the date of order of this Court in this appeal.

4.

In view of the aforesaid undertaking and submissions, civil application stands disposed of. Undertaking is accepted, taken on record and marked as Exhibit "A" for identification.

( S. G. CHAPALGAONKAR, J. ) ...

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