Rajendra Baburao Pawar And Anr vs Smt. Bhimabai Ramchandra Pawar ...
2024 Latest Caselaw 3411 Bom

Bombay High Court

Rajendra Baburao Pawar And Anr vs Smt. Bhimabai Ramchandra Pawar ... on 5 February, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

2024:BHC-AS:5645


               sa_mandawgad                                                   26cas1550-15



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                     CIVIL APPLICATION NO.1550 OF 2015
                                                     IN
                                       SECOND APPEAL NO.724 OF 2015

                   Rajendra Baburao Pawar and Anr.                    ... Applicants.
                            Versus
                   Smt. Bhimabai Ramchandra Pawar
                   (since deceased) through LRs Raghunath
                   Ramchandra Pawar                                   ... Respondent.

                                               ------
                   Mr. Anant Vadgaonkar, Advocate for the Applicants.
                   Mr. Umesh R. Mankapure, Advocate for the Respondent.
                                               ------

                                         CORAM : SHARMILA U. DESHMUKH, J.

DATE : FEBRUARY 05, 2024 P. C.:

1. By the Civil Application, the Applicants seeks stay of the

judgment of the Appellate Court dated 5th February, 2015. Learned

counsel appearing for the Respondent submits that he will not

create any third party rights in the suit premises and also will not

claim any equity in event he does not succeed in the present

proceeding. He further submit that he will not carry out any new

construction and whatever construction will be carried out will be

in consonance with the status-quo-ante. In view thereof, learned

26cas1550-15

counsel appearing for the Applicants has no objection. The

statement is accepted as an undertaking to this Court.

2. Civil Application stands disposed of in the above terms.

3. Pending hearing and final disposal of the Appeal, the

parties are directed not to interfere with the possession of other

party.

( Sharmila U. Deshmukh, J.)

Signed by: Sanjay A. Mandawgad

Designation: PA To Honourable Judge Date: 06/02/2024 11:52:55