Smt. Sheela Trimbak Sawant vs Shri. Pratap Gopal Sawant And Ors
2021 Latest Caselaw 8855 Bom

     Tauseef                                                          02-CAS.1617.2019.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                          CIVIL APPLICATION NO.1617 OF 2019
                                          IN
                            SECOND APPEAL NO.804 OF 2019

Pratap Gopal Sawant                                          ...Applicant
            V/s.
Sheela Trimbak Sawant & Anr.                                 ...Respondents

                                         WITH
                           CIVIL APPLICATION NO.484 OF 2020
                                           IN
                            SECOND APPEAL NO.642 OF 2020

Sheela Trimbak Sawant                                        ...Applicant
            V/s.
Pratap Gopal Sawant & Anr.                                   ...Respondents


Mr. P. B. Shah i/b Mr. K. P. Shah for Applicant in CA/1617/2019 and for
Respondents in CA/484/2020.
Mr. Sanjeev Kadam i/b Mr. Prashant Raut for Applicant in CA/484/2020
and for Respondents in CA/1617/2019.

                                   CORAM       : A. S. GADKARI, J.

                                   DATE        : 7th JULY, 2021.
                                   (Through Video Conferencing)

P.C. :

Civil Application No.484 of 2020 in Second Appeal No.642 of

2020 is not on Board. At the request of Mr. Kadam, learned counsel

appearing for the Applicant, taken on Board.

2 The suit filed by original Plaintiff Smt. Sheela T. Sawant, was

partly decreed by the learned Civil Judge, Junior Division, Kankavali, by

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Tauseef 02-CAS.1617.2019.doc

its Judgment and Order dated 14th December 2012, and it was declared

that, the original defendant No.1 Pratap G. Sawant has no right, title or

interest in suit properties Nos.1A and 1B. That, the original defendant

No.1 was also perpetually restrained from obstructing peaceful possession

of the original plaintiff over the suit properties Nos.1A and 1B.

3. In an Appeal preferred by original defendant No.1, Mr. Pratap G.

Sawant bearing R.C.A. No.07 of 2013, the Appellate Court while partly

allowing the said Appeal, modified clause Nos. 2 and 3 of the operative

part of Trial Court Judgment and Decree and has declared that, the

original defendant No.1 i.e. Mr. Pratap G. Sawant has no right, title and

interest in suit properties i.e. Annexure B (i.e. 1B to the plaint) and he has

been perpetually restrained from obstructing the peaceful possession of

original Plaintiff Smt. Sheela T. Sawant and Defendant No.2 Shri.

Nandkumar A. Sawant over the suit properties i.e. Annexure B (1B to the

plaint).

It is thus clear that, the suit property 1A has been held to be in

exclusive possession of Smt. Sheela T. Sawant i.e. original plaintiff.

4. Mr. Shah, learned counsel for the original defendant No.1

submitted that, the dispute is pertaining to the ownership and possession

of the suit property No.1A.

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       Tauseef                                                      02-CAS.1617.2019.doc

5. In view thereof, during pendency of the present Second Appeals,

parties herein are directed to maintain status-quo with respect to suit

properties No.1A and 1B as of today.

6. Civil Applications are allowed in the aforesaid terms.

(A. S. GADKARI, J.)

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