1 AO 90/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.90/2010 (Kamalkishor Vitthaldas Dhoot and others vs. Sow.Uma w/o Sunil Shinde and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.M.Vibhute, Adv., for the applicant. Mr. Dhananjay Deshpande, Adv., for R.1. ... CORAM: K.U.CHANDIWAL, J. DATE:22-12-2010 1. Mr. S.M.Vibhute, learned Counsel for the appellant and Mr.Dhananjay Deshpande, learned Counsel for respondent no.1, contesting parties, inform that, in identically placed, in Appeal From Order No.75/2010, this Court has passed orders on 3rd Dec.,2010. In the said proceedings, the order under challenge, dt.9th March, 2010, indeed, was not disturbed, permitting the parties to make application to the learned Civil Judge, Junior Division, seized with the matter. 2 AO 90/2010 2. In tune with the above referred order, since the order in present Appeal From Order is challenge to the same order, the observations in paragraph No.3 and 4, in particular, in Appeal From Order No.75/2010, are reproduced here-in-below, to be operative in the present Appeal From Order: "3. Though it is canvassed that the properties are already partitioned way back more than 30 years and individual parties as per their share are in possession and such restraint would be causing inconvenience to the defendants ( petitioners in the appeal), however, I find, whatever would be the transactions that the petitioners/defendants desire to carry, would be subject to outcome of the Special Civil Suit No. 75/2008. 4. Consequently, without disturbing the order under challenge dated 9th march, 2010, if the petitioners/defendants move the learned Judge, seized with the matter, with an application to dispose of some part of the properties 3 AO 90/2010 in favour of the prospective purchaser, the petitioners/defendants are at liberty to make such application, explaining the situation warranting such eventuality and the learned Judge will decide the same on its own merits in accordance with law. For the present, no interference in the order under challenge dated 9.3.2010." With the above indication, Appeal from order disposed of. No costs. (K.U.CHANDIWAL) JUDGE ... AGP/90-10ao