Sudeshkumar Radheyshyam Gupta vs Sanjay Balu Jadhav And Ors
2024 Latest Caselaw 1636 Bom

Bombay High Court

Sudeshkumar Radheyshyam Gupta vs Sanjay Balu Jadhav And Ors on 19 January, 2024

Author: Sandeep V. Marne

Bench: Sandeep V. Marne

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO.30716 OF 2022
                                      IN
                         SECOND APPEAL NO.893 OF 2022

Sudeshkumar Radheyshyam Gupta                                    ....Applicant
      V/S
Sanjay Balu Jadhav & Ors.                                        ....Respondents
                                           ...

Mr. R.D. Soni i/b M/s. Ram & Company for the Applicant.

                                           ...

                                   CORAM: SANDEEP V. MARNE, J.

DATE : JANUARY 19, 2024.

P.C.:

1 Heard Mr. Soni, the learned Counsel appearing for the Applicant.

2 Issue notice to the Respondents, returnable on 13 March 2024.

3 Till the next date of hearing there shall be ad-interim relief in terms of prayer clauses (a) and (b) which read thus:

"a. Pending the hearing and final disposal of the aforesaid Second Appeal, this Hon'ble Court may issue an order and injunction restraining the Respondents from alienating transferring or creating third party rights in respect of the Suit property being Gat No.118, Hissa No.2, admeasuring 0.26 R Situated at Village Kudus, Taluka Wada, District Thane and/or obstructing the Plaintiffs use thereof. b. Pending the hearing and final disposal of the aforesaid Second Appeal, the operation, implementation and execution

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of Order, judgment and decree dated 2nd February 2022 passed by The District Judge 9, Thane in Regular Civil Appeal No.285 of 2016 and Order, judgment and decree dated 25 th November 2016 in Regular Civil Suit passed by CJJD, Wada in R.C.S No.48 of 2012 be stayed and the same may not acted upon."

(SANDEEP V. MARNE, J.)