Mr. Sadhu Kondiba Thorat And Ors vs Mr. Vijay Kantilal Changede And ...
2021 Latest Caselaw 4286 Bom

                                                            3.CAF.4626.16 in FA.1369.16.doc

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 4626 OF 2016
                                       IN
                         FIRST APPEAL NO. 1369 OF 2016


   Sadhu Kondiba Thorat & Ors.                     ...     Applicants
                                                   (Original Plaintiffs)
             Versus
   Vijay Kantilal Changede & Ors.                  ...     Respondents
                                        .........
   Mr. P.B. Shah i/b K.P. Shah for the Applicants.
   Mr. Hemant Ghadigaonkar for Respondent Nos.9 to 11 and 15.
   Mr. Surel S. Shah a/w Nachiket Khadalkar for Respondent Nos.13 and 14.

                                        .........


                                     CORAM         :     K.K. TATED &
                                                         R.I. CHAGLA, JJ.

                                     DATE          :     9th MARCH, 2021.

   P.C. :-

   1              Heard learned Counsel for the parties.

   2              By this Civil Application, the Applicant-Original plaintiffs are

seeking an order of injunction, restraining the Respondents from further

developing and/or creating any third party right, title and interest over

the suit property bearing Survey No.12, Hissa No.1/1 situated at Mouze

Kharade, Taluka Haveli, District Pune.

Waghmare 1 / 2

3.CAF.4626.16 in FA.1369.16.doc

3 The learned Counsel for the Applicants-Original Plaintiffs

submits that Special Civil Suit No.2039 of 2009 preferred by them for

declaration and permanent injunction stands dismissed by judgment and

decree dated 05.05.2016. He submits that the Applicants- Original

plaintiffs preferred injunction application below Exhibit-5 before the Trial

Court and same was rejected. He requires some time to place on record

the copy of application Exhibit 5 for injunction and order passed by the

Trial Court on that application.

4 Hence, the following order is passed :

i) Applicants are permitted to file additional affidavit in

support of the Civil Application on or before 16.03.2021 with

copy to other side.

ii) Matter to appear on board on 23.03.2021.

Digitally signed by Waishali S.

Waishali Waghmare S.

Waghmare Date:

2021.03.11 22:57:30 +0530

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

Waghmare 2 / 2