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Sheela Tulshiram Gaikwad vs Ashadevi Shamlochan Gupta
2023 Latest Caselaw 11076 Bom

Citation : 2023 Latest Caselaw 11076 Bom
Judgement Date : 26 October, 2023

Bombay High Court
Sheela Tulshiram Gaikwad vs Ashadevi Shamlochan Gupta on 26 October, 2023
Bench: Amit Borkar
                                                                      3-cra229-2021.doc


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

         CIVIL REVISION APPLICATION NO.229 OF 2021


 Sheela Tulshiram Gaikwad                               ... Applicant
            V/s.
 Ashadevi Shamlochan Gupta & Anr.                       ... Respondents


 Mr. Onam Hingorani for the applicant.



                                  CORAM : AMIT BORKAR, J.
                                  DATED         : OCTOBER 26, 2023
 P.C.:

1. Learned advocate for the applicant states that possession of the suit property in furtherance of the impugned judgment and order has already been handed over to the defendants. Challenge in this civil revision application is only to clause (4) of the impugned judgment and order.

2. Since by the impugned clause (4) the Trial Court has restrained the defendants from creating third party interest in a suit under Section 6 of the Specific Relief Act, 1963, the applicant has made out a case for grant of ad-interim relief.

3. Until further orders, the effect, execution and implementation of clause (4) of the impugned judgment and order dated 10 March 2021 passed in Special Civil Suit No.98 of 2012 shall remain stayed.

3-cra229-2021.doc

4. Issue notice for final disposal to the respondent No.1, returnable on 21 December 2023.

(AMIT BORKAR, J.)

 
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