LAWS(BOM)-2009-10-80

NARAYAN PUNDLIK GAWANDE Vs. SHALIGRAM ALIAS YESHWANTRAO

Decided On October 14, 2009
NARAYAN PUNDLIK GAWANDE Appellant
V/S
SHALIGRAM S/O. YESHWANTRAO PATIL (DEAD THRU. L.RS.) Respondents

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) This petition is directed against the appellate Court's order dismissing the appeal against the order below Exh.5 directing the parties to maintain statusquo and in particular, against the petitioner not to alienate the suit property.

(3.) Mr. Joshi, learned counsel for the petitioner submits that the counsel for the appellant was absent when the appeal was finally heard and decided by the appellate Court and therefore, opportunity to address the court on merits of the appeal deserves to be given to the appellant.