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2025 DAILYLAW 38372 (BOM)

RAJARAM SOPAN BODRE AND OTHERS v. MR.TUKARAM PANDURANG GUJALE AND OTHERS

CAS/921/2019 · 2025-01-10

Gauri Godse

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

40.564.23 sa.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 564 OF 2023 WITH CIVIL APPLICATION NO. 921 OF 2019 IN SECOND APPEAL NO. 564 OF 2023 Rajaram Sopan Bodre and ors .....Appellants Vs. Mr. Tukaram Pandurang Gujale and ors .....Respondents Mr. Siddharth Shitole for the appellants Mr. Mubashir Hussein, Mr. Munibah Iram, Mr. Munzir Hussein i/b Hussein and Co. advocates and legal counsels for respondents CORAM : GAURI GODSE, J. DATE : 10th JANUARY 2025 ORDER: CIVIL APPLICATION NO. 921 OF 2019: 1. The second appeal is already admitted. By this application, a prayer is made for restraining the respondents from creating third-party rights or parting with possession of the suit property during the pendency of the second appeal. 2. Learned counsel for the respondents submits that the 1/2 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.01.16 10:55:36 +0530 40.564.23 sa.docx respondents do not intend to create any third-party rights. 3. Office remark shows that the second appeal is abated against respondent no. 6. Hence, the effect of abatement against respondent no. 6 on the merits of the second appeal and the interim relief is kept open. 4. In view of the aforesaid, during the pendency of second appeal, there will be interim relief in terms of prayer clause (b). Interim application is disposed of. [GAURI GODSE, J.] 2/2