Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 37860 (BOM)

SHRI. MAHADEO GANGARAM DHOR @ HOTKAR v. DHARMA RAJA JOGDANKAR

CAS/634/2015 · 2025-07-07

Shri Madhav J Jamdar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

43-CAS-634-2015.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.634 OF 2015 IN SECOND APPEAL NO.283 OF 2015 Shri. Mahadeo Gangaram Dhor @ Hotkar ...Applicant Versus Dharma Raja Jogdankar ...Respondent Mr. N. R. Bubna, for the Applicants. Mr. Sachin Hande, for the Respondent. CORAM: MADHAV J. JAMDAR, J. DATED : 7th JULY 2025 PC:- 1. Heard Mr. Hande, learned counsel appearing for the Respondent. 2. Second Appeal is already admitted by order dated 13th March 2023 on the substantial question of law framed by that order. By order dated 13th March, 2023 passed in Civil Application, ad-interim relief in terms of prayer clause (a) was granted. The said prayer clause (a) reads as under:- “a. Pending the hearing and final disposal of the accompanying Second Appeal, the Respondents be retrained from creating any Page 1 Harish 2025:BHC-AS:27691 43-CAS-634-2015.DOC encumbrance or third party interest with respect to suit properties. 3. Mr. Hande, learned counsel for the Respondent strongly opposes the continuation of ad-interim relief granted by order dated 13th March, 2023. Alternatively, he states that the hearing of the Second Appeal be expediated as the Second Appeal is already admitted and the interim relief is already granted since 13th March, 2023. 4. Civil Application is allowed in terms of prayer clause (a) and disposed of with no order as to costs. 5. List the Second Appeal in the final hearing board dated 13th August 2025. [MADHAV J. JAMDAR, J.] Page 2 Harish Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 09/07/2025 11:26:05