Bombay High Court
Smt. Krishnabai Rajaram Lonkar And Ors vs Prop. Shri. Sanjay Sakharam Kamble And ... on 1 February, 2019
Bench: B. P. Dharmadhikari, Revati Mohite Dere
CAF 3750-15.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CROSS OBJECTION (ST) NO. 30731 OF 2017
IN
FIRST APPEAL NO. 1192 OF 2015
Smt. Krishnabai Rajaram Lonkar & ors. .Appellants
Vs.
Prop. Sanjay Sakharam Kamble & anr. .Respondents
WITH
CIVIL APPLICATION NO. 3750 OF 2015
IN
FIRST APPEAL NO. 1192 OF 2015
WITH
CROSS OBJECTION (ST) NO. 30731 OF 2017
IN
FIRST APPEAL NO. 1192 OF 2015
Smt. Krishnabai Rajaram Lonkar & ors. .Applicants
Vs.
Prop. Sanjay Sakharam Kamble & anr. .Respondents
WITH
CIVIL APPLICATION NO. 16 OF 2018
IN
CROSS OBJECTION (ST) NO. 30731 OF 2017
IN
FIRST APPEAL NO. 1192 OF 2015
Prop. Sanjay Sakharam Kamble .Applicant
IN
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CAF 3750-15.doc
CROSS OBJECTION (ST) NO. 30731 OF 2017
IN
FIRST APPEAL NO. 1192 OF 2015
Smt. Krishnabai Rajaram Lonkar & ors. .Appellants
Vs.
Prop. Sanjay Sakharam Kamble & anr. .Respondents
Mr. B. R. Deshmukh Advocate, for the Applicant
Mr. G. S. Godbole a/w Mr. P. G. Chavan for the Applicant in CAO
No. 16 of 2018 and for Respondent in F. A. No. 1192 of 2015
Mr. Pravartak Pathak, Advocate, for the Respondent No. 2
Respondent No. 2 present in person
CORAM : B. P. DHARMADHIKARI &
REVATI MOHITE DERE, JJ.
DATE : 01.02.2019 P.C. . F. A. No. 1192 of 2015 is already admitted for final
hearing. Counsel for Appellants fairly gives no objection for admitting cross objection. Hence, cross objection is also admitted for final hearing. The respective parties waive notice in cross objection.
2. It is not in dispute that though suit filed by the Appellants for declaration and cancellation of Sale Deed was dismissed, trial Court has in final Judgment in operative part 2 of 3 ::: Uploaded on - 04/02/2019 ::: Downloaded on - 15/03/2019 10:36:56 ::: CAF 3750-15.doc created a charge on suit property. However, the trial Court has restrained Defendants from creating third party interest in it till plaintiff receives their balance consideration.
3. Though First Appeal was dismissed in default, the Plaintiffs have not received balance consideration and the Defendants are seeking leave of this Court to deposit that amount.
4. In this situation, we place C.A.F No. 3750 of 2015 and C.A. No. 16 of 2018 for further consideration after three weeks.
5. Mr. Pravartak Pathak is discharged, as he has given no objection to Respondent No. 2. Respondent No. 2 is present in person and is seeking time to engage another Advocate.
6. List on 22.02.2019.
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