Sushant Ajitkumar Dass vs Satish Vithalrao Kitkaru And Anr
2023 Latest Caselaw 1722 Bom

                                                                       92-ia-1498-2021.doc
    Sonali


       Digitally
       signed by
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       SONALI
SONALI MILIND                          CIVIL APPELLATE JURISDICTION
MILIND PATIL
PATIL Date:
       2023.02.20
       17:26:24
       +0530
                                    INTERIM APPLICATION NO.1498 OF 2021
                                                    IN
                                       SECOND APPEAL NO. 370 OF 2021

                    Sushant Ajitkumar Dass & Anr.                   ...Applicants
                        Versus
                    Satish Vithalrao Kitkaru & Anr.                 ...Respondents


                    Mr. Uday B. Nighot, for the Applicants.

                    Mr. R. M. Pande a/w. Ranjit Sandey, i/b. Piyush Pande, for the
                    Respondents.


                                             CORAM : MADHAV J. JAMDAR, J.

DATED : 20th FEBRUARY 2023

P.C. :

1. By separate order dated 20th February 2023, the Second

Appeal is admitted on the substantial questions of law framed

therein. By the order dated 15th July 2021, ad-interim relief in

terms of prayer clause (b) is already granted. Therefore, the

execution of the impugned Judgment and Decree is stayed till

the disposal of the Second Appeal.

2. The Applicants shall not create any third party interest

with respect to the suit flat till the disposal of the Appeal.

92-ia-1498-2021.doc Sonali

However, this will not preclude the Applicants from giving the

suit flat on leave and license basis.

3. Liberty is granted to apply for fixing the early date of

hearing of the Second Appeal.

4. The Interim Application is disposed of in above terms

with no order as to costs.

[MADHAV J. JAMDAR, J.]