Ashwini Ganesh Suryavanshi & Anr. v. Namdev Pandurang Suryavanshi & Ors.
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO.1001 OF 2011 Ashwini Ganesh Suryavanshi & Anr. Vs. Namdev Pandurang Suryavanshi & Ors. ..Appellants ....Respondents Mr. S. R. Ganbawale i/b. Mr. Abhijit Adagule for the Appellants. Mr. Harshad Shingnapurkar i/b. Amit Borkar for Respondent No.6. CORAM : SMT. R.P.SONDURBALDOTA,J. DATE : 8th AUGUST 2012 P.C. : The application for interim relief has been rejected by the trial court on the ground that the appellants who claim 2/18th share in the suit property have not filed a suit for partition. They merely challenge the sale of joint property to the respondents and seek to restrain the respondents from creating any third party rights over the same. The trial court has rejected the application on the ground that though the appellants are able to claim partition in the suit property, their intention is only to prevent respondent Nos.4 and 5 from carrying out construction. There is no infirmity in the view taken by the trial court. Hence, the appeal from order is dismissed. (SMT. R. P. SONDURBALDOTA,J.) Basavraj G. Patil
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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