Allowed

Late Anusayabai W/O Babanrao Gaikwad(Since Decd.Thr.Lrs) Dipak Baban Gaikwad and Ors. v. Gitabai Bapu Shinde (Since Decd.Thr.Lrs) Dhondiba Bapu Shinde and Ors.

Bombay HC18 Nov 2022IA/1647/2022

Case brief

AI extract

What is this about?

The Bench allowed an interim application for a bank guarantee to secure a share of land acquisition compensation from other property co-owners pending partition appeal proceedings.

What did the court decide?

Dir to furnish bank guarantee for acquisition compensation within eight weeks.

What the court decided

Late Anusayabai W/O Babanrao Gaikwad(Since Decd.Thr.Lrs) Dipak… — Partition | Bombay HC (2022)

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9.SA.402.1999(STM).doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLANT JURISDICTION

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INTERIM APPLICATION NO. 17129 OF 2022 WITH INTERIM APPLICATION NO. 1646 OF 2022 IN INTERIM APPLICATION NO. 1647 OF 2022 IN

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SECOND APPEAL NO. 402 OF 1999

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Dipak Baban Gaikwad & Ors. ... Applicants IN THE MATTER BETWEEN Gitabai Bapu Shinde & Ors. ... Appellants

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Late Anusuyabai w/o. Babanrao Gaikwad (Since deceased through Lrs) & Ors. ... Respondents

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Mr. Sushant S. Prabhune for the applicants in all IAs and for respondent no. 1 in SA Shri Ajay A. Joshi for the appellants

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Mr. Prathamesh Sawant i/b. Adv. Mandar Limaye for the respondent no. 2 in SA

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CORAM : NITIN W. SAMBRE, J.

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DATED : 18^th NOVEMBER, 2022

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P.C.:

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IA/17129/2022

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The Second Appeal is directed against the judgment of the First Appellate Court whereby the claim of the respondents for partition was decreed.

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During the pendency of the Second Appeal, the part of the suit property was subjected to acquisition and the appellant nos. 2(E), 3 & 4 have inter se got a consent order in their favour thereby adjusting the amount of acquisition received and deposited before

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This order is corrected pursuant to order dated 25/11/2022

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9.SA.402.1999(STM).doc

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the District Court.

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In the aforesaid background, considering the fact that the present applicants/respondents to the second appeal is already held to be shareholders in the suit property and non-applicants/original appellants in the Second Appeal are enjoying the interim relief, this Court can make such interim relief subject to the condition pursuant to the provisions of order XLI rule 5 of the CPC.

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In this background, this Court is inclined to allow the application thereby directing the appellant nos. 2(E), 3 & 4 to furnish bank guarantee for an amount of compensation receivable by the applicants/respondents to the second appeal.

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In view of above, it is directed to furnish the bank guarantee in terms of prayer clause (a) within a period of eight weeks from today.

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The application stands allowed in above terms.

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IA/1646/2022

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In view of order passed in IA/17129/2022, the application is not pressed and stands disposed of.

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IA/1647/2022

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The interim application stands disposed of with a liberty to mention the matter in March, 2023 for final hearing.

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ANANT Digitally signedby ANANTKRISHNA NAIK KRISHNANAIK Date:2022.11.2516:36:43+0530

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(NITIN W. SAMBRE, J.)

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This order is corrected pursuant to order dated 25/11/2022

Late Anusayabai W/O Babanrao Gaikwad(Since Decd.Thr.Lrs) Dipak Baban Gaikwad and Ors. v. Gitabai Bapu Shinde (Since Decd.Thr.Lrs) Dhondiba Bapu Shinde and Ors.

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Late Anusayabai W/O Babanrao Gaikwad(Since Decd.Thr.Lrs) Dipak Baban Gaikwad and Ors. v. Gitabai Bapu Shinde (Since Decd.Thr.Lrs) Dhondiba Bapu Shinde and Ors.

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