Ramchandra Ramulu Gajjala (Since ... vs Sudarshan Ramulu Gajjala And Ors
2023 Latest Caselaw 439 Bom

                                                              18-IA-30065-2022.doc


 SAP
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

             INTERIM APPLICATION NO. 30065 OF 2022
                              IN
                  FIRST APPEAL NO.134 OF 2013

 Ramchandra Ramulu Gajjala (Since
 Deceased) Through Lrs. Swarupa
 Ramchandra Gajjala                                ... Applicant
           V/s.
 Sudarshan Ramulu Gajjala and Ors                  ... Respondents

 Mr. Manoj A. Patil for the Applicant.


                                    CORAM : AMIT BORKAR, J.

                                    DATED    : JANUARY 11, 2023
 P.C.:

1. The Appellant has challenged the judgment and decree passed by the learned Judge, City Civil Court, Mumbai in S.C. Suit No.4161 of 2002. By the impugned judgment and decree, the defendant is directed to deliver possession of the suit property.

2. This Court had earlier dismissed the First Appeal in exercise of power under Order 41 Rule 11 of the Civil Procedure Code, 1908. The review against the said order of dismissal of Appeal has been allowed and Appeal has been restored for decision on merits. The SLP against the order allowing review has been dismissed by the Apex Court.

3. Taking into consideration substantive rights of the parties for immovable property and the decree being for possession, Admit.

18-IA-30065-2022.doc

4. Since the substantive rights of immovable property are involved and the Appeal is admitted, the Appellant is entitled to the ad-interim relief in terms of prayer clause (a) for a period of six (6) weeks from today.

5. Issue notice to the appellant, returnable on 8th March, 2023.

6. Since the Appellant has filed private paper book, printing of paper-book is dispensed with.

(AMIT BORKAR, J.)