Partly allowed

Shri Dada Tukaram Shweale and Ors. v. Revubai Genu Shewale (Decd) Parubai Maruti Lipane and Anr.

Bombay HC26 Oct 2007CAS/1310/2007

Case brief

AI extract

What is this about?

In Civil Application No.1310 of 2007 before the High Court of Bombay, the court refused prayer (a) due to lack of prior protection in the first appeal and existing possession by respondents. However, the court granted prayer (b) as there was no objection from respondents.

What did the court decide?

The civil application was made absolute in terms of prayer clause (b) due to lack of objection from respondents.

Shri Dada Tukaram Shweale and Ors. Vs Revubai… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

 FARAD CONTINUATION SHEET NO.:
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE SIDE

¶2

 CIVIL APPLICATION NO.1310 of 2007

¶3

IN

¶4

 SECOND APPEAL NO.1397 of 2005

¶5

 ------------------------------------:----------------------------------
 Office Notes, Office Memoranda of : Court’s or Judge’s orders.
 coram, appearances, Court’s orders :
 or directions and Registrar’s :
 orders. :

¶6

 ------------------------------------:-----------------------------------
 Mr S.J.Rairkar, for the applicants.

¶7

 CORAM: D.B.BHOSALE,J.
 DATED: 26.10.2007
P.C.:

¶8

 Heard learned counsel for the applicant
 and Mr.Prathmesh Bhargude, learned counsel

¶9

 for the respondents. The prayer (a) in the

¶10

 application cannot be granted in view of the
 fact that no such protection was granted in
 favour of the appellants during pendency of
 their first appeal, apart from the fact that
 there is a clear finding of the court below
 that the respondents are in possession of
 the said property. Insofar as prayer (b) is

¶11

 concerned, learned counsel for the

¶12

 respondents has no objection for allowing

¶13

 this prayer in the application. In the
 circumstances, the civil application is made
 absolute in terms of prayer clause (b).

¶14

(D.B.Bhosale, J.)

Shri Dada Tukaram Shweale and Ors. v. Revubai Genu Shewale (Decd) Parubai Maruti Lipane and Anr.

Case brief

What is this about?

What did the court decide?

Shri Dada Tukaram Shweale and Ors. v. Revubai Genu Shewale (Decd) Parubai Maruti Lipane and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahadeo Pandu Mandavkar and Ors. Vs Prakash Balya Mandavkar and Ors.

Prakash Balya Mandavkar Vs Mahadeo Pandu Mandavkar

h.d industries Vs calama industries Pvt. Ltd.

Remi Motors Limited Vs -

tej control systems private limited Vs -

Eknath Namdeo Pabale Vs Krishnarao Shankarrao Gayate and Ors.