Late Anusayabai W/O Babanrao ... vs Gitabai Bapu Shinde (Dedeased ...
2022 Latest Caselaw 11840 Bom

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                                                            9.SA.402.1999.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLANT JURISDICTION

             INTERIM APPLICATION NO. 17129 OF 2022
                             WITH
             INTERIM APPLICATION NO. 1646 OF 2022
                              IN
             INTERIM APPLICATION NO. 1647 OF 2022
                              IN
                SECOND APPEAL NO. 402 OF 1999

Dipak Baban Gaikwad & Ors.                          ... Applicants
IN THE MATTER BETWEEN
Gitabai Bapu Shinde & Ors.                          ... Appellants
      vs
Late Anusuyabai w/o. Babanrao Gaikwad
(Since deceased through Lrs) & Ors.                 ... Respondents

Mr. Sushant S. Prabhune for the applicants in all IAs and for
respondent no. 1 in SA
Shri Ajay A. Joshi for the appellants
Mr. Prathamesh Sawant i/b. Adv. Mandar Limaye for the respondent
no. 2 in SA


                              CORAM : NITIN W. SAMBRE, J.

                              DATED :      18th NOVEMBER, 2022
P.C.:

IA/17129/2022

1. The Second Appeal is directed against the judgment of the First

Appellate Court whereby the claim of the respondents for partition

was decreed.

2. During the pendency of the Second Appeal, the part of the suit

property was subjected to acquisition and the appellant nos. 2(E), 3

& 4 have inter se got a consent order in their favour thereby

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9.SA.402.1999.doc

adjusting the amount of acquisition received and deposited before

the District Court.

3. In the aforesaid background, considering the fact that the

present applicants/respondents to the second appeal is already held

to be shareholders in the suit property and non-applicants/original

appellants in the Second Appeal are enjoying the interim relief, this

Court can make such interim relief subject to the condition pursuant

to the provisions of order XLI rule 5 of the CPC.

4. In this background, this Court is inclined to allow the

application thereby directing the appellant nos. 2(E), 3 & 4 to

deposit an amount of compensation, which otherwise is receivable

by the applicants/respondents to the second appeal.

5. In view of above, it is directed to furnish the bank guarantee in

terms of prayer clause (a) within a period of eight weeks from today.

6. The application stands allowed in above terms.

IA/1646/2022

7. In view of order passed in IA/17129/2022, the application is

not pressed and stands disposed of.

IA/1647/2022

8. The interim application stands disposed of with a liberty to

ANANT Digitally signed by ANANT KRISHNA NAIK KRISHNA Date:

mention the matter in March, 2023 for final hearing.

NAIK    2022.11.21
          15:31:40 +0530




                                                                         (NITIN W. SAMBRE, J.)

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