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2019 DAILYLAW 3735 (BOM)

SHRI. MANOHAR RAJAMRA SHINDE and ANR. v. RAJARAM MALHARI SHINDE and ORS

IA/3467/2019 · 2026-09-03

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18-IA-3467-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3467 OF 2019 IN SECOND APPEAL NO. 67 OF 2018 Shri. Manohar Rajamra Shinde and Anr. …Applicants Vs. Rajaram Malhari Shinde and Ors. …Respondents WITH CIVIL APPLICATION NO. 269 OF 2018 IN SECOND APPEALST NO. 33542 OF 2017 WITH CIVIL APPLICATION NO. 270 OF 2018 IN SECOND APPEALST NO. 33542 OF 2017 Smt. Yashoda Malhari Shinde …Applicant Vs. Shri. Manohar Rajaram Shinde and Ors. …Respondents WITH INTERIM APPLICATION NO. 16073 OF 2023 IN SECOND APPEAL NO. 67 OF 2018 WITH CIVIL APPLICATION (STAMP) NO. 20284 OF 2018 IN SECOND APPEALST NO. 33542 OF 2017 Rajaram Malhari Shinde …Applicant Vs. Manohar Rajaram Shinde …Respondent Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.09.09 10:11:37 +0530 18-IA-3467-2019.doc None for the Applicant Mr. Shankar Katkar i/b Ms. Manisha Devkar, advocate for Respondent Nos. 4(c)(i)(ii) and (iii). CORAM : RAJESH S. PATIL, J. DATE : 3 SEPTEMBER 2026 P. C. : INTERIM APPLICATION NO. 3467 OF 2019 1. Learned counsel Mr. Katkar appearing for the Respondents submits that the Interim Application has been filed by the original Respondents in the Second Appeal thereby seeking relief of vacating interim granted in the present proceedings on 20 December 2018. He submits that by the said order, Single Judge of this Court, by consent of the parties, passed an order that execution proceedings will go on, but the possession of the property will not be handed over till disposal of the Second Appeal. He submits that since the order dated 20 December 2018 was passed by consent, the said order could not be vacated. 2. In view of the submission made by Mr. Katkar, I do not find any merit in the Interim Application No. 3467 of 2019. 3. However, since none appears for the Applicant, Interim Application No. 3467 of 2019 stands dismissed for default. (RAJESH S. PATIL, J.) Iresh