Sanjay S/O Shriramji Pendharkar vs Harichand S/O Dadumal Nagpal And ...
2022 Latest Caselaw 8401 Bom

                                                                                             (1)                                                 937wp3913.21

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                               WRIT PETITION NO. 3913 OF 2021
               Sanjay Shriramji Pendharkar Vs. Harichand Daudmal Nagpal and ors
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. N.G.Jetha, Advocate for petitioner
           Mr. Shyam Dewani, Advocate for respondents.


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     25/08/2022


                                               1]                           Heard Mr. Jetha, learned counsel for the

petitioner and Mr. Dewani, learned counsel for the respondents.

2] Mr. Jetha, learned counsel for the petitioner submits that in case the respondents are restrained from creating third party interest in the suit property during the pendency of Special Civil Suit No. 408/2020, the same would suffice his purpose.

3] Mr. Dewani, learned counsel for the respondents submits that the respondents have no intention to create third party interest in the suit property during the pendency of the SCS No. 408/2020.

4] The statements of both the counsels are stated to be on instructions of the respective parties and are accepted as the statement to the Court, in view of (2) 937wp3913.21

which order below Exh. 5, dated 24.7.2020 and the judgment in appeal dated 25.11.2020 in MCA No. 100/2020 are modified and it is directed that the respondents shall not create third party interest of any nature whatsoever in the suit property during the pendency of SCS No. 408/2020.

5] The petition is accordingly disposed of in the above terms. No. costs.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:25.08.2022 16:34