Nivrutti Maruti Satpute (Since ... vs Smt. Ambutai Janardan Satpute And ...
2022 Latest Caselaw 11269 Bom

                                                                  CAS-667-2015 and CAS-309-2016 .doc

BDP-SPS-TAC

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  BHARAT
  DASHARATH
                                         CIVIL APPELLATE JURISDICTION
  PANDIT
                                       CIVIL APPLICATION NO.667 OF 2015
  Digitally signed
  by BHARAT
  DASHARATH
  PANDIT
                                                       IN
  Date: 2022.10.21
  20:17:07 +0530
                                        SECOND APPEAL NO.299 OF 2015
                                                     WITH
                                       CIVIL APPLICATION NO.309 OF 2016
                                                       IN
                                        SECOND APPEAL NO.299 OF 2015

                     Nivrutti Maruti Satpute
                     Through Legal Heirs
                     a. Radhabai Nivrutti Satpute
                     and Ors.                                ..... Appellants.
                                 V/s
                     Smt. Ambubai Janardan Satpute
                     and Ors.                                ...... Respondents.
                     ----
                     Mr. Yuvraj Narvankar for the Applicants in both the above Applications
                     Mr. Abhijit M. Adagule for Respondents in both the Applications.
                     ---
                                       CORAM: NITIN W. SAMBRE, J.

                                               DATE:     OCTOBER 21, 2022
                     P.C.:-

                     1]       These Applications are for grant of stay and injunction. I have

perused the evidence of the Appellants. Fact remains that Defendant No.6, purchaser of the property has not preferred any appeal and as such has accepted judgment of both the Courts. As such case for relief of injunction as prayed in the matter of property purchased by Defendant No.6 i.e. Mr. More is not made out and prayer to that extent stands rejected.

CAS-667-2015 and CAS-309-2016 .doc

2] As regards the possession of the Appellants over the suit properties is concerned, the Appellant Nivrutti has examined himself at Exhibit-186/C in RCS No.722 of 1991 in which he has given admission that it is the Respondents who are in possession of the suit properties. In view of above, interim relief sought by the Appellants as regards protection of possession as such stands rejected.

3] However, in view of the substantial questions of law raised in the above Second Appeal, particularly having regard to subsistence of marriage between Maruti and Housabai, and Housabai being one of the Plaintiffs to the suit, there shall be injunction against the Respondents from creating third party interest in relation to the suit properties.

( NITIN W. SAMBRE, J. )