The court disposed of the appeal based on the agreed position of both parties that no third party interest would be created in the suit premises pending the decision of the suit, thereby resolving the controversy without adjudication.
The appeal was dismissed by disposition; suit expedited.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 1007 OF 2007
Hindurao Ganapati Pawar . ......Appellant.
versus
Jaywant Ganpat Khamkar & ors....... Respondents.
Mr. Suresh K. Mali for the Applicant Mr. J.P. Shah i/b M/s. JPS Legal for the Respondents 1 to 3.
CORAM; A.P. DESHPANDE, J. DATED; 12TH AUGUST, 2008.
P.C.:
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moved under Order XXXIX Rule 2-A, with a view to initiate proceedings for breach of the order allegedly committed by the Defendants. The learned counsel for the appellant in all fairness restricts his prayer in the appeal only to the extent that the defendants should not create a third party interest or transfer possession of the suit premises in favour of anyone else pending decision of the suit. The learned counsel for the Defendants also submits that the Defendants will not create any third party interest in the suit premises and shall not hand over the possession thereof to a third party pending decision of the suit. The statement made by the counsel for the Defendants/respondents, on instructions from the Defendant who is present in the court, is accepted. In view of this agreed position, the A.O. stands disposed of. Suit is expedited.
(A.P. DESHPANDE, J)
1 issue framed by the court
Whether the appeal against rejection of Notices of Motion can be disposed of based on an assurance from counsel that no third party interest will be created.
Hindurao Ganapati Pawar
Jaywant Ganpat Khamkar
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
