Smt. Satyabhama Vithoba Dhepe v. Mr. Nathuram Sakharam Pashte & Ors.

Smt. Satyabhama Vithoba Dhepe ..Applicant versus Mr. Nathuram Sakharam Pashte & Ors ..Respondents. ..... Mr. Vivek V. Salunke for Applicant. Mr. P. S. Dani i/b Mr. Arjun Kode for Respondent Nos. 1 to 3. Mr. R. M. Patane, A.G.P. for Respondent no. 5. ...... CORAM : G. S. GODBOLE, J. 27th February 2012. P.C. :

#3. Leave to amend prayer clause (c). Amendment to be carried out forthwith in Court. Heard Learned Advocate Mr. Salunke for the Applicant in Civil Application and the Respondent No.1 in the Writ Petition and also Mr. Dani, Advocate for the Petitioner in the Writ Petition and Respondent Nos. 1 to 3 in the Civil Application.

#4. The Writ Petition is admitted and Rule on interim relief has been granted, which is being heard. The Civil Application seeks SNC 2 CA 78-12.odt vacating the interim order. The interim order in terms of prayer clause (c), restrained Respondent No.1 in the Writ Petition from selling, alienating or transferring the suit property in favour of the third party. As on today, there is nothing to indicate that the Respondent No.1 is intending to transfer or alienate the suit property. Hence, I deem it fit to pass following order. ORDER i) As and when the Respondent No.1 desires to transfer the suit property or alienate the same in any manner the Respondent No.1 is granted liberty to file the Civil Application by disclosing the name of the proposed transferee or alienee, so that appropriate orders can be passed on that Civil Application. ii) Leaving that liberty open to the Respondent No.1 in the Writ Petition, Civil Application No. 78 of 2012 is disposed of. Again subject to that liberty, Rule on interim relief in the Writ Petition is made absolute and the earlier ad-interim order in terms of prayer clause (c) is confirmed. (G.S.GODBOLE, J.)