Bombay High Court
Mohan Shankar Dicholkar vs Waman Sadashiv Uparkar & Ors on 22 April, 2019
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Prodn-506-CAS-675-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.675 OF 2019
IN
SECOND APPEAL NO.593 OF 1998
Mohan Shankar Dicholkar ... Applicant
Vs
Waman Sadashiv Uparkar and Ors. ... Respondents
...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3.
2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 1/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 :::Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent nos.5 and 6 have executed agreement in favour of proposed respondent nos.7 and 8 whereby they have agreed to alienate part of the suit property to them. He has placed on record agreement to sale dated 2nd February, 2017 which is registered with the Sub-Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.5 to 8 returnable on 9th July, 2019.
5 In the meantime, respondent nos.7 and 8 are restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 2/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.676 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been Shivgan 3/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt stayed.
3 It is submitted by the learned counsel for the applicant that proposed respondent no.1 has executed agreement in favour of proposed respondent nos.5 to 7 whereby he has agreed to alienate part of the suit property to them. He has placed on record agreement to sale dated 31st October, 2017, which is registered with the Sub-
Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.1 and 5 to 7 returnable on 9th July, 2019.
5 In the meantime, respondent nos.5 to 7 are restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 4/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.677 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 5/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 :::
Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent nos.5 to 9 have executed agreement in favour of proposed respondent no.10 whereby they have agreed to alienate part of the suit property to him. He has placed on record agreement to sale dated 4th October, 2017 which is registered with the Sub-Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.5 to 9 and 10 returnable on 9th July, 2019.
5 In the meantime, respondent no.10 is restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 6/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt Shivgan 7/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.678 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 8/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 :::
Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent nos.5 to 11 have executed agreement in favour of proposed respondent nos.12 and 13 whereby they have agreed to alienate part of the suit property to them. He has placed on record agreement to sale dated 3 rd April, 2017, which is registered with the Sub-Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.5 to 13 returnable on 9th July, 2019.
5 In the meantime, respondent nos.12 and 13 are restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 9/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.679 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 10/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent nos.5 to 8 have executed agreement in favour of proposed respondent no.9 whereby they have agreed to alienate part of the suit property to him. He has placed on record agreement to sale dated 3rd November, 2018, which is registered with the Sub-Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.5 to 9 returnable on 9th July, 2019.
5 In the meantime, respondent no.9 is restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 11/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.680 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 12/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent no.2 has executed agreement in favour of proposed respondent no.5 whereby he has agreed to alienate part of the suit property to him. He has placed on record agreement to sale dated 2nd November, 2017, which is registered with the Sub-
Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.2 and 5 returnable on 9th July, 2019.
5 In the meantime, respondent no.5 is restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 13/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.681 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondents.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Heard the learned counsel for the applicant and the learned counsel for respondent nos.1 to 3. 2 Second Appeal has been admitted by this Court on 15 th January, 1999. In Civil Application No.10706 of 1998 vide order dated 15th January, 1999, execution, operation and implementation of the decree dated 18th April, 1998 passed in Regular Civil Appeal No.129 of 1993 by the Additional District Judge at Oras has been stayed.
Shivgan 14/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt 3 It is submitted by the learned counsel for the applicant that proposed respondent no.5 has executed agreement in favour of proposed respondent no.6 whereby he has agreed to alienate part of the suit property to him. He has placed on record agreement to sale dated 2nd November, 2017, which is registered with the Sub-
Registrar.
4 In view of the facts aforesaid, issue notice to the proposed respondent nos.5 and 6 returnable on 9th July, 2019.
5 In the meantime, respondent no.6 is restrained from creating third party rights in the suit property.
(SANDEEP K. SHINDE, J.) Shivgan 15/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 ::: Prodn-506-CAS-675-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.682 OF 2019 IN SECOND APPEAL NO.593 OF 1998 Mohan Shankar Dicholkar ... Applicant Vs Waman Sadashiv Uparkar and Ors. ... Respondents ...
Mr. Saurabh Madhusudan Railkar for the Applicant. Ms. Jaymala Raut for the Respondent Nos.1 to 3.
CORAM : SANDEEP K. SHINDE J.
DATE : APRIL 22, 2019 P.C. :
Not on board. Taken on Board.
Issue notice to the respondents returnable on 9th July, 2019.
5 Ms. Jaymala Raut waives notice for respondent nos.1 to
3.
(SANDEEP K. SHINDE, J.) Shivgan 16/16 ::: Uploaded on - 23/04/2019 ::: Downloaded on - 24/04/2019 23:09:45 :::