Smt. Parvati Maruti Bhandarkar ... vs Shri. Balu Waman Bhond And Ors
2023 Latest Caselaw 5586 Bom

                                      910 SA 274,277.16 with IA 20173.22.doc


 Dusane

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                     SECOND APPEAL NO.274 OF 2016


 Smt. Parvati Maruti Bhandarkar           ...Appellants
 (since deceased)
 Shri. Pandurang Maruti Bhandarkar
 & Ors.

         V/s.
 Shri. Balu Waman Bhond & Ors.            ...Respondents

                            WITH
                SECOND APPEAL NO.277 OF 2016
                            WITH
            INTERIM APPLICATION NO. 20173 OF 2022


 Waman Ambo Mali & Ors.                   ...Appellants

         V/s.
 Shri. Balu Waman Bhond & Ors.            ...Respondents

                            WITH
            INTERIM APPLICATION NO. 20173 OF 2022


 Waman Ambo Mali (Deceased)               ...Applicants
 thru' LRs Smt. Uma Waman Mali
 & Ors.

         V/s.
 Shri. Balu Waman Bhond & Ors.            ...Respondents

                                WITH
                     SECOND APPEAL NO.276 OF 2016


 Suryakant Mahadeo Gidh & Anr.            ...Appellants




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                                          910 SA 274,277.16 with IA 20173.22.doc



         V/s.
 Shri. Balu Waman Bhond & Ors.               ...Respondents


 Mr. Bhushan Walimbe for Appellants/Applicants.
 Mr. Ajay A. Joshi for Respondents 1 and 3.



                               CORAM: MADHAV J. JAMDAR, J.

DATE: 14th June 2023

P.C.:

1. Heard Mr. Walimbe, learned Counsel appearing for the

Appellants and Mr. Joshi, learned Counsel appearing for the

Respondents.

2. It is the contention of Mr. Walimbe that the injunction

order granted by learned Single Judge on 24th March 2022 is

breached by the Respondents.

3. Mr. Joshi, learned Counsel appearing for Respondent Nos.

1 and 3 states that the order is not breached.

4. Admittedly, there is a temple in the part of the suit

property. It is the contention of Mr. Walimbe that the said

temple was constructed by making encroachment. Prima facie it

appears that the said encroachment or the construction of the

said temple took place prior to 1978 as held by the learned

Appellate Court in paragraph 15(d) of the judgment.

910 SA 274,277.16 with IA 20173.22.doc

5. It is the contention of Mr. Joshi, learned Counsel appearing

for Respondent Nos.1 and 3 that the said Datta Mandir is not

constructed on the suit property, however, it is the contention of

Mr. Walimbe, learned Counsel appearing for the Appellants that

the said Temple was constructed during pendency of the suit and

the same is on the suit property.

6. In view of above rival contentions, it is appropriate to hear

the Second Appeals finally. Therefore, the Second Appeals be

added in the final hearing board in the week commencing from

3rd July 2023. The Interim Application is also adjourned

alongwith the Second Appeals. To be listed fairly high on board.

(MADHAV J. JAMDAR, J.)