Sayyed Rijwan Sayyed Ismail vs Najmin Gafur Pathan And Ors
2022 Latest Caselaw 7252 Bom

                                                                     18-ca.9937.2022.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        CIVIL APPLICATION NO.9937 OF 2022
                                        IN
                          SECOND APPEAL NO.429 OF 2022

Sayyed Rijwan Sayyed Ismail                                      ..Applicant

        Vs.

Najmin Gafur Pathan and ors.                                     ..Respondents

                               ----
Mr.V.B.Anjanwatikar, Advocate h/f. Mr.S.B.Chaudhari, Advocate for
applicant

Mr.G.R.Syed, Advocate for respondent no.1
                                ----

                                    CORAM : R.G. AVACHAT, J.

DATE : JULY 27, 2022 ORDER :-

Issue notice to the respondents, returnable after five

weeks. Mr.G.R.Syed, learned Counsel, waives notice for respondent

no.1-plaintiff.

2. The challenge in the Second Appeal is to the judgment and

decree for partition of the suit land, passed in favour of the

respondents (original plaintiff and original defendant nos.2 to 4). It is

informed that delivery of possession of the suit land is scheduled

tomorrow.

2 18-ca.9937.2022

3. Learned counsel for the applicant/appellant (original

defendant no.1) would submit that due to negligence of the

Advocate representing the applicant before the trial Court, no

written statement could be filed and the suit was decided behind the

back of the applicant/appellant.

4. The suit land in its entirety admeasures 1 H 55 R.

Respondent no.1/plaintiff has got 1/14 th share therein that comes to

little over 12 Gunthas of land. The applicant/appellant has come

around to deposit Rs.Five Lakhs as security, of share of respondent

no.1/plaintiff.

5. In view of the above, there shall be ad-interim relief in

terms of prayer clause (B) only till next date, on condition that the

applicant/appellant shall deposit Rs.Five Lakhs with this Court, out of

which Rs.Two Lakhs be deposited within a period of two weeks from

today and the balance amount be deposited within next three weeks.

6. In case of failure to comply the order regarding deposit

of the amount as directed above, ad-interim relief granted till next

date, shall stand vacated without further reference to the Court.

[R.G. AVACHAT, J.] KBP

18-ca.9937.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

SECOND APPEAL NO.429 OF 2022

Sayyed Rijwan Sayyed Ismail ..Appellant

Vs.

Najmin Gafur Pathan and ors. ..Respondents

----

Mr.V.B.Anjanwatikar, Advocate h/f. Mr.S.B.Chaudhari, Advocate for appellant

Mr.G.R.Syed, Advocate for respondent no.1

----

CORAM : R.G. AVACHAT, J.

DATE : JULY 27, 2022 ORDER :-

Issue notice to the respondents, returnable after five

weeks. Mr.G.R.Syed, learned Counsel, waives notice for respondent

no.1-plaintiff.

[R.G. AVACHAT, J.] KBP