1 ao47.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
APPEAL AGAINST ORDER NO. 47 OF 2016
Sou. Kiran w/o Prashant Vyas,
Aged 33 years, Occupation - Housewife,
R/o 403, Sagar Apartment, Camp,
Amravati, Tahsil and District Amravati.
ig .... APPELLANT
VERSUS
1) Pravinchandra Tarachandra Khatri,
Aged 61 years, Occupation - Agriculturist
and Business.
2) Sou. Geeta w/o Pravinchandra Khatri,
Aged 56 years, Occupation - Household.
3) Jayant s/o Pravinchandra Khatri,
Aged 34 years, Occupation - Business,
4) Sandhya w/o Jayant Khatri,
Aged 29 years, Occupation - Household,
Nos.1 to 4 resident of 13, Patel Nagar,
Sai Nagar, Amravati, Tahsil and District
Amravati. .... RESPONDENTS
______________________________________________________________
Shri J.J. Chandurkar, Advocate for the appellant,
Ms. Anushree S. Ahirkar, Advocate h/f. Shri A.S. Kilor, Advocate for
the respondents.
______________________________________________________________
::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:32:21 :::
2 ao47.16
CORAM : Z.A. HAQ, J.
DATED : 21 OCTOBER, 2016.
st ORAL JUDGMENT :
Heard Shri J.J. Chandurkar, Advocate for the appellant and Ms. Anushree S. Ahirkar, Advocate holding for Shri A.S. Kilor, Advocate for the respondents.
2. The appellant/defendant No.4 has challenged the order passed by the trial Court restraining her from creating third party interest in 30 R. land out of Survey No.186/1 of Mouza-Rahatgaon, till decision of the civil suit.
3. At the time of hearing, it transpired that the appellant does not intend to dispose the property immediately. In view of this, in my view, the appeal can be disposed in the following terms :
(i) The order passed by the trial Court on 05-11-2015 shall continue, until further orders.
(ii) The learned trial Judge is directed to dispose the civil suit within one year.::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:32:21 :::
3 ao47.16
(iii) If in the meantime, the appellant intends to dispose the
property, she shall seek permission from the trial Court and the trial Court shall consider the application filed by the appellant/defendant No.4 after hearing the plaintiffs.
The appeal is disposed in the above terms. In the circumstances, the parties to bear their own costs.
JUDGE adgokar ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:32:21 :::