Disposed
Shobha Ramchandra Bhatkar and Ors. v. Sadanand Harishchandra Bhatkar and Ors.
Bombay HCCAS/1064/2006
Case brief
from the order text
What is this about?
in sa-716-06.sxw mmj IN THE HIGH COURT OF…
What the court decided
AI extract
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.
1 cas-1064-06 in sa-716-06.sxw
mmj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATIN NO.1064 OPF 2006 IN
SECOND APPEAL NO.716 OF 2006
Shobha Ramchandra Bhatkar & Ors. versus Sadanand Harishchandra Bhatkar & Ors.
.. Applicants
.. Respondents
Mr. Nandu Pawar for the Applicants Mr. S.G.Karandikar for the Respondent Nos.6 to 9
CORAM:- R M SAVANT, J DATED :- MARCH 21, 2012.
P.C.
1 The above Civil Application has been filed seeking the relief that the Respondents herein who are the Defendants in the suit in question should not create third party interests in respect of the suit property. The Applicants are the original Plaintiffs whose suit for partition and possession being Special Civil Suit No.15 of 1996 was decreed by the Trial Court by Judgment and Order dated 5-7-2000. However, the said decree was set aside by the Lower Appellate Court by Judgment and Order dated 1-12-2005 in Regular Civil Appeal No.56 of 2000.
2 In the above Civil Application vide order dated 26-7-2006, an ad-
interim Order was passed restraining the Respondents from creating third
2 cas-1064-06 in sa-716-06.sxw
party interests in respect of the suit property. In view of the fact that the above Appeal has been admitted and since the issue is as regards the claim for partition and possession of the Applicants/Appellants, in my view, it would be just and proper to continue the said ad-interim relief pending the hearing and final disposal of the above Appeal. Hence pending the hearing and final disposal of the above Appeal, the Respondents are restrained from creating third party interests in respect of the suit property. The Civil Application is made absolute in the aforesaid terms.
(R M SAVANT, J)
1 provisions across 1 enactments
Shobha Ramchandra Bhatkar & Ors.
Sadanand Harishchandra Bhatkar & Ors.
R M Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court