Ashok Sheshmal Porwal vs Kishor Sheshmal Porwal (As Karta ...
2023 Latest Caselaw 854 Bom

                                           3.IANo.896-32172019(C).doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

               CIVIL APPELLATE JURISDICTION

             INTERIM APPLICATION NO. 896 OF 2019
                            AND
            INTERIM APPLICATION NO. 3217 OF 2019
                            AND
           CROSS OBJECTION (ST) NO. 31939 OF 2022
                             IN
                FIRST APPEAL NO. 1780 OF 2019

Ashok Sheshmal Porwal                ...    Applicant

IN THE MATTER BETWEEN :
Ashok Sheshmal Porwal                ...    Appellant
          Versus
Kishor Sheshal Porwal & Ors.         ...    Respondents

Mr. Sachin S. Punde, Advocate for Applicant. Mr. Drupad S. Patil, Advocate for Respondents.

CORAM : K. R. SHRIRAM & RAJESH S. PATIL, JJ

DATE : JANUARY 24, 2023 PC

1. The interim applications are for grant of stay to the impugned judgment and decree. Mr.Punde, states that if the stay is not granted third party rights would be created and that would create hurdle if the frst appeal should be allowed.

2. In our view, nothing would remain in interim applications since the Court by its order dated 26 th September 2022 has clarifed as under:

3.IANo.896-32172019(C).doc

"3. It is clarifed that constructions and/or development, if any, carried out on the suit property by either side will be subject to the fnal outcome of the First Appeal. Similarly, third party rights, if any, created by either side in respect of the suit property will also be subject to the outcome of the First Appeal.

4. Previous statements made on behalf of respondent and recorded in the earlier orders to continue till further orders."

3. Therefore, interim applications disposed of.

4. The frst appeal be listed for fnal hearing on 16th February 2023.

                              (RAJESH S. PATIL, J.)           (K. R. SHRIRAM, J.)

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2023.01.25
           15:26:25
           +0530