Shobha Ramchandra Bhatkar and Ors. Vs Sadanand Harishchandra Bhatkar and Ors.

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 572000. However, the said decree was set aside by the Lower Appellate Court by Judgment and Order dated 1122005 in Regular Civil Appeal No.56 of 2000.

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2 In the above Civil Application vide order dated 2672006, an ad interim Order was passed restraining the Respondents from creating third

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2 cas-1064-06 in sa-716-06.sxw

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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

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for partition and possession of the Applicants/Appellants, in my view, it would be just and proper to continue the said adinterim relief pending the hearing and final disposal of the above Appeal. Hence pending the hearing

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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.

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3 The Civil Application is accordingly disposed of.

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(R M SAVANT, J)

Shobha Ramchandra Bhatkar and Ors. v. Sadanand Harishchandra Bhatkar and Ors.

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Shobha Ramchandra Bhatkar and Ors. v. Sadanand Harishchandra Bhatkar and Ors.

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