Namdev Daulatrao Suryawanshi And ... vs Sanjay Raghunathrao Matlakute ...
2021 Latest Caselaw 2836 Bom

                                                                      13201-2019-CA.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                        CIVIL APPLICATION NO.13201 OF 2019
                                  IN SA/593/2019

Namdev s/o Daulatrao Suryawanshi and another                         ... Applicants

          Versus

Sanjay s/o Raghunathrao Matlakute                                    ... Respondent

                                 ..........
Mr. S. K. Chavan, Advocate for applicants.
Mr. K. P. Rodge, Advocate for respondent.
                                 ..........


                                    CORAM        : SMT. VIBHA KANKANWADI, J.

                                    DATE         : 11th February, 2019

ORDER :-


.         Present application has been filed for stay to the judgment and

decree passed in Regular Civil Suit No. 155 of 2007 by learned Joint

Civil Judge Senior Division, Parbhani on 16.09.2011, which was then

confirmed by learned Principal District Judge, Parbhani in Regular Civil

Appeal No. 101 of 2011 on 08.05.2019. The applicants have been

restrained by the Courts below from interfering with the possession of

respondent No. 1 over the suit land.

2. Heard both sides.

13201-2019-CA.odt

3. Prima facie evidence would show and it has been held by

both the Courts below that respondent No.1 possess the suit land. He

has purchased it from original defendant No.2 by a registered sale-deed.

If the possession of the suit land was given by the owner to the

purchaser, then he should continue to hold it till the matter is decided

against him. Under such circumstance, no case is made out for grant of

stay during the pendency of second appeal. Second appeal is admitted,

but that will not give applicants a right to get temporary injunction.

Hence, application stands rejected.

[SMT. VIBHA KANKANWADI, J.]

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