Disposed

V. J. Chithore (Dead) Thr. Lrs. Vijaya v. Chithore (Dead) Thr. Lrs. Sandip Vijaysingh Chithore and v Gajanan Baliramji Lilhare

Bombay HC12 Oct 2021CAS/616/2019

Case brief

AI extract

What is this about?

The High Court disposed of two civil applications filed in a second appeal concerning property possession. The court granted interim relief to stay the creation of third-party interest by the respondent, based on the respondent's representation, while dismissing other prayers.

What did the court decide?

Interim relief granted to restrain the respondent from creating third party interest in the suit land during disposal of the appeal.

V. J. Chithore (Dead) Thr. Lrs. Vijaya v. Chithore (Dead)… — Property and Title | Bombay HC (2021)

Order

9 sa 320-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶5

CIVIL APPLICATION (CAS) NO.631/2021 WITH

¶6

CIVIL APPLICATION (CAS) NO.616/2019 IN SECOND APPEAL NO.320/2019

¶7

Vijaysingh s/o Jagatnarayansingh Chithore (dead) through LR’s Vijaya Vijaysingh Chithore
(Dead), through LR’s Sandip Vijaysingh Chithore and others
Vs.

¶8

Gajanan Baliram Lilhare.

¶9

Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.

¶10

Shri U.K. Bisen, Advocate for appellants.

¶11

CORAM : S.M. MODAK, J. DATE : OCTOBER 12, 2021.

¶12

Heard learned Advocate for the appellants. No one
is present on behalf of respondent.

¶13

2.The appellant is the original plaintiff. He was
declared owner of the suit property and defendant was
directed to hand over the possession as per the judgment
dated 26/09/2008 passed by the Trial Court. This judgment
was set aside by the First Appellate Court as per the judgment
dated 14/03/2019. In a result, suit stood dismissed. It is
challenged by the appellant by way of present second appeal.

¶14

3. In Civil Application No.616/2019, there is a prayer
to stay the execution of impugned judgment. There is also a
prayer for injuncting the respondent from entering into the
suit land. The respondent has filed reply to it thereby
opposing the prayer and relied upon the observations of the
Courts below.

Order

9 sa 320-2019

4. While hearing that application, learned Advocate
Shri Khushalani for the respondent has made a statement that
the respondent will not create third party interest. It was
recorded in paragraph no.2 of the order dated 07/09/2021.
His statement was conditional. That is to say, there was no
prayer for injuncting the respondent from creating third party
interest.

¶19

5. After that the appellant has filed Civil Application
No.631/2021. There also, there is a prayer for staying the
execution of impugned judgment as well as two orders of
temporary injunction. One is restraining the respondent from
entering into the suit land and mutating the suit land and
second is for injuncting the respondent from creating third
party interest.

¶20

6. Learned Advocate for the appellants submitted
that he is not pressing Civil Application No.616/2019 and
also not pressing prayers (i) and (ii) of Civil Application
No.631/2021. The prayer (iii) can be considered. Hence
interim relief is granted in terms of prayer clause (iii) of Civil
Application No.631/2021 during disposal of this appeal. This
is granted on the basis of statement made by learned
Advocate Shri Khushalani on 07/09/2021. In view of that
both civil applications are disposed of.

¶21

 JUDGE

¶22

R.S. Sahare

V. J. Chithore (Dead) Thr. Lrs. Vijaya v. Chithore (Dead) Thr. Lrs. Sandip Vijaysingh Chithore and v Gajanan Baliramji Lilhare

Case brief

What is this about?

What did the court decide?

V. J. Chithore (Dead) Thr. Lrs. Vijaya v. Chithore (Dead) Thr. Lrs. Sandip Vijaysingh Chithore and v Gajanan Baliramji Lilhare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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