Samarth Seva Mandal, Sajjangad ... vs Ramdas Swami Sansthan And Ors
2021 Latest Caselaw 3402 Bom

                                                                16.FAST.1987.21.doc

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                       FIRST APPEAL (ST.) NO. 1987 OF 2021

   Samarth Seva Mandal, Sajjangad & Ors.                      ...     Appellants
             Versus
   Ramdas Swami Sansthan & Ors.                               ...     Respondents
                                        .........
   Mr. Sanjeev Garvadkar, Senior Advocate a/w Mr. Nikhil Wadikar, i/by Mr.
   Nandu Pawar for the Appellants.
   Mr. Shriram Kulkarni for the Respondent Nos. 1 to 7.
                                     .........
                                    CORAM          : K.K. TATED &
                                                     R.I. CHAGLA, JJ.

                                    DATE           : 23rd FEBRUARY, 2021.

   P.C. :-

   1              Heard learned Counsel for the parties.

   2              By this First Appeal the Appellants-Original Defendants are

challenging the judgment and decree dated 05.11.2020 passed by the Civil

Judge, Senior Division, Satara, in Special Civil Suit No.8 of 2003 directing

the Appellants to remove all their movables from the suit properties

described in para 17A(Sr. Nos.1 to 25) and property described at Sr. Nos.1

to 5 in para 17B of the plaint and handover its vacant possession to the

Respondents-Original Plaintiffs Trust within three months from the date of

the preliminary decree and also passed decree in respect of other claim by

the Plaintiffs.

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                                                                                        16.FAST.1987.21.doc

                         3             Considering the submission made by the learned Senior

Counsel for the Appellants and impugned judgment and decree, we are

satisfied that the Appellants have made out a case. Hence, following order

is passed :

                                       i)     Admit


                                       ii)    Printing dispensed with.

iii) Registry is directed to call record and proceeding

immediately.

iv) Appellants to file private paper book within one year

from today failing which First Appeal shall stand dismissed

without further reference to the Court.

v) Appellants to remove all office objections on or before

31.03.2021 failing which First Appeal shall stand dismissed

without further reference to the Court.

vi) Learned Advocate Mr. Kulkarni waives service for

Respondent Nos.1 to 7.

Digitally signed by Waishali S.

Waishali   Waghmare
S.         Date:
Waghmare   2021.02.28
           23:45:14
           +0530


                             ( R.I. CHAGLA, J. )                            ( K.K. TATED, J. )

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