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2008 Supreme(Bom) 652

R.M.SAVANT, P.V.HARDAS
Sayyed Salim S/o Sayyed Yusuf – Appellant
Versus
Hrushikesh S/o Pralhad Patil – Respondent


Advocates appeared:
Mr. V.D. Salunke for the Appellants
Mr. R.N. Dhorde h/f. Mr. R.L. Kute for the Respondent no.1
Mr. M.V. Deshpande for the Appellants
Mr. R.N. Dhorde h/f. Mr. R.L. Kute for the Respondent no.1

JUDGMENT

1. By the above Letters Patent Appeals, the Appellants who are the original Respondents in Writ Petition nos. 4995 of 2007 and 4996 of 2007 have challenged the order dated 28.2.2008 passed by the learned Single Judge by which order whilst admitting the Petitions, the learned Single Judge has granted interim reliefs in terms of prayer clause (C) of the Petitions which reads as follows:-

"(C) Pending hearing and final disposal of this writ petition, grant stay to the impugned judgment and order dated 7th August, 2007, passed by learned District Judge-2, Aurangabad in Misc. Civil Appeal no. 25 of 2007, and for that purpose, issue necessary orders"

As stated hereinabove the Appellants are the original respondents in the said Writ Petitions 4995 of 2007 and 4996 of 2007. The said Writ Petitions have been filed by the Respondent no.1 to the above Appeals, challenging the order passed by the lower Appellate Court i.e. the learned District Judge, Aurangabad in Misc. Civil Appeal no. 25 of 2007 by which order the injunction granted by the trial Court in favour of the Respondent no.1 came to be vacated by the lower Appellate Court.

2. The subject matter of dispute is land to the exte























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