Sou. Kiran W/O. Prashant Vyas vs Pravinchandra Tarachandra ...
2016 Latest Caselaw 6261 Bom

                                    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.

                                                       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