Grants ad interim relief on terms of a prayer clause to prevent respondents in physical possession of property from creating third-party rights or interest pending the final hearing of the first appeal.
Granted ad interim relief on terms of prayer clause (b) to prevent creation of third-party rights pending final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
CIVIL APPLICATION NO.455 of 2007
IN
FIRST APPEAL NO.152 of 2007
Office Notes , Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s Orders
Hetal Patel for the Applicant
CORAM : ANOOP V. MOHTA,J. DATED : 8th October, 2007
P.C.
| . | Though | served, | non | |||
|---|---|---|---|---|---|---|
| appeared | for | Res | pondent | nos. | 1 | |
| and | 2 w |
ho | are | in | physical | |
| possession | of | the | property. | The | ||
| only | apprehensi | on | is | made | that | |
| they | should | not | create | 3rd | party | |
| right | or | interest | in | the | property | |
| pending the | final hearing | of the | ||||
| first appeal | in question. |
| 2. | The averments as | raised | ||
|---|---|---|---|---|
| and | made | especially in |
paras | 5 and |
| 6, | I | am inclinded |
to | grant |
| ad-initer | im | relief in |
terms | of |
| prayer | cl | ause (b). |
The | Civil |
| applicat | ion is | disposed off | ||
| accordin | gly with | liberty. |
[ANOOP V. MOHTA,J.]
1 issue framed by the court
Whether ad interim relief is granted to avoid creation of third-party rights pending final hearing of the first appeal.
Applicant
Respondent nos. 1 and 2
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
