Rajkumar Nandkishor Jaiswal v. Vijay Kumar Nandkishor Jaiswal and Another
Case brief
What is this about?
Writ Petition No. 3513 of 2021, Bombay High Court Nagpur Bench, decided 07-01-2025 by Abhay J. Mantri, J.; removal of condition to furnish Bank guarantee security of Rs.4,00,000/- imposed by District Judge, Chandrapur below Exh.5 in R.C.A.No.20/2019 (regular civil appeal against decree dated 11/03/2016 in R.C.S.No15/2013 for declaration, partition, possession and injunction); petitioner's undertaking not to create third-party interest until disposal of appeal; respondents' counsel raised no objection; petition allowed in terms of prayer clause (i); advocates Kirti Satpute (petitioner) and Radhika Bajaj (respondents).
What did the court decide?
Petition allowed in terms of prayer clause (i); the impugned order modified by removing the direction/condition to furnish the Bank guarantee of Rs.4,00,000/- before the trial Court, in view of the petitioner's undertaking not to create third-party interest until disposal of the appeal and the respondents' counsel's no objection.