Allowed

Nilam Patel v. Hemalata Chimanbhai Patel and 5 Ors.

Bombay HC13 Jun 2018APP/272/2018

Case brief

AI extract

What is this about?

This appeal against a single judge's order granted interim protection to maintain status quo in the subject property pending final disposal of the notice of motion, modifying the impugned order and disposing of the appeal and motion without concluding on merits.

What did the court decide?

Respondents directed to maintain status quo in the subject property till the Notice of Motion is heard and decided finally.

Nilam Patel Vs Hemalata Chimanbhai Patel and 5 Ors. — Property and Title | Bombay HC (2018)

12-nmal 530-18

psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL (L.) NO.256 OF 2018 with NOTICE OF MOTION (L.) NO.530 OF 2018 IN APPEAL (L.) NO.256 OF 2018 IN NOTICE OF MOTION (L.) NO.1109 OF 2018 IN SUIT (L.) NO.601 OF 2018

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Nilam Patel ...Applicant In the matter between Nilam Patel ...Appellant Vs. Hemalata Chimanbhai Patel & Ors. ...Respondents -----

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Mr.Sean Wassoodew for Appellant.

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Mr.Prasad Dhakephalkar, Senior Advocate, and Mr.Karl Tamboly with Mr.S.S. Ghosh, Ms.Deeksha Jani and Mr.Rohil Bandekar I/b. M/s. Hariani & Co. for Respondent Nos.1 and 2.

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CORAM : NARESH H. PATIL AND G.S. KULKARNI, JJ. DATE : 13^th JUNE 2018

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P.C.:

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This appeal is directed against the order passed by learned Single Judge of this Court dated 4^th May, 2018 in Notice of Motion (l) No.1109/2018 in Suit (l) No.601/2018.

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We heard the learned Counsel appearing for contesting parties. The Notice of Motion is listed for final disposal on 2^nd July, 2018. The

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12-nmal 530-18

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Counsel appearing for appellant submitted that in the meanwhile interim protection be granted as prayed for.

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The prayer is opposed by the other side.

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In the facts, we find that interim protection is required to be granted till the Notice of Motion is heard and decided finally.

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We modify the impugned order passed by the learned Single Judge dated 4^th May, 2018.

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The Respondent shall maintain status-quo in respect of the subject property till the Notice of Motion is heard finally and decided by the learned Single Judge.

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With aforesaid modification and directions, the appeal stands disposed of.

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All contentions of the contesting parties are kept open before the learned Single Judge.

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Without expressing conclusive opinion on merits in view of disposal of appeal, the Notice of Motion also stands disposed of.

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[G.S. KULKARNI, J.]

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[NARESH H. PATIL, J.]

Nilam Patel v. Hemalata Chimanbhai Patel and 5 Ors.

Case brief

What is this about?

What did the court decide?

Nilam Patel v. Hemalata Chimanbhai Patel and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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