SMITA NITIN KANNAMWAR Vs. UMADEVI YASHWANTRAO GAWANE

JUDGEMENT

(1.) The appeal has been preferred against the order dated 25.2.2003 passed by the trial Court. The main grievance of the appellant is that although Defendant Nos.3 to 5 have been directed not to sell the property as described in para 1f of the plaint, no order was passed restraining them from selling, mortgaging, creating third party interest, etc. in the property.

(2.) Mr.Damle, appearing for the appellant, points out that a specific statement was made in reply to the application filed by the plaintiff by respondent Nos.3 to 5 in which they stated that the suit property was to be mortgaged by the respondents to the Central Bank.

(3.) While admitting the appeal from order in 2003, this Court passed an order restraining the respondents pending further orders in the appeal from order from selling, mortgaging and/or creating any third party interest in the property situated at CTS No.1439 at Sangli to any third party or financial institution. This order has been in operation from the year 2003. Mr.Damle points out that the the suit is still pending.