Bombay High Court
Padmakar S/O Narayan Bhonde And Another vs Durga W/O Arunrao Datir And Others on 5 July, 2019
Author: V. M. Deshpande
Bench: V.M. Deshpande
1 050719cas304.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APLICATION (CAS) NO. 304 OF 2019
IN
SECOND APPEAL NO. 247 OF 2015
PADMAKAR S/o NARAYAN BHONDE AND ANOTHER
VERSUS
DURGA W/o ARUNRAO DATIR AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Dinesh U. Thakre, Advocate for the appellants
Mr. Kaustubh R. Lule, Advocate for the respondent no.1
CORAM : V. M. DESHPANDE, J.
DATE : JULY 05, 2019.
This is an application for temporary injunction filed on behalf of respondent no.1 - Durga Arunrao Datir/ original plaintiff.
By this application, it is prayed that the appellants be restrained from creating third party interest int he suit property and also from changing the nature of the suit property in any manner.
The appellants have filed their reply to the application on affidavit. In paragraph 2 of the reply, it is stated on oath that "appellants undertake not to create any third party interest in respect of the suit property. So also, status-quo was granted by this Hon'ble Court by its ad- interim order dated 19.03.2019 as regards the suit property. The appellants submit that the status-quo could be continued in respect of the suit property described in column 2 in first para of the application."
::: Uploaded on - 05/07/2019 ::: Downloaded on - 06/07/2019 06:46:50 :::2 050719cas304.19.odt Even during course of the submissions, Mr. Patil, the learned counsel for the appellants reiterated the same. Mr. Lule, the learned counsel for respondent no.1, who has moved this application, is satisfied with this undertaking.
In that view of the matter, the civil application is allowed in view of the undertaking that the appellants will not create any third party interest whatsoever in nature in respect of the suit property and shall continue to maintain status-quo granted by this Court on 19.03.2019.
With this, the application is allowed and disposed of.
JUDGE Diwale ::: Uploaded on - 05/07/2019 ::: Downloaded on - 06/07/2019 06:46:50 :::