Single-judge order granting status-quo in a partition suit during pendency of second appeal, directing parties to maintain existing position except for physical partition by metes and bounds.
Direction to maintain status-quo on suit property; process of partition permitted except physical partition by metes and bounds.
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: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.87 OF 2005
IN
SECOND APPEAL NO.57 OF 2005
Madivallappa Mallappa Khyade .. Applicant
Versus
Shanrappa Mallappa Khyade & ors... Respondents
P.R.Arjunwadkar for applicant
Mr.T.D.Deshmukh for respondent Nos.1 and 2.
CORAM : P.V.KAKADE, J.
DATE : 26TH AUGUST, 2005
P.C.:
1. Heard both sides.
2. The second appeal is already admitted wherein
ad-interim order issuing status-quo is being made. The
suit is for partition and the appellate court had
allowed the appeal and set aside the order of dismissal
of the suit and decreed the suit. In view of the facts
and circumstances, therefore,no temporary injunction
pending the appeal can be granted and it is necessary to
protect the position as on today. In view of this
aspect, the parties are hereby directed to maintain
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status-quo with regard to the suit property as on today.
With this direction the application stands disposed of
with no order as to costs.
3. It is clarified that the process of partition ma
be proceeded with except for physical partition of
respective shares by metes and bounds.
2 issues framed by the court
Whether temporary injunction can be granted pending the appeal in a partition suit.
Whether status-quo is to be maintained regarding the suit property.
Madivallappa Mallappa Khyade
Shanrappa Mallappa Khyade & ors
P.V.Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court