BEFORE THE HON'BLE HIGH COURT OF JUDICATURE AT
BOMBAY, NAGPUR BENCH, NAGPUR
Caveat Application No. _______/2023
in
2nd appeal No. _________/2023
Caveators: Shri Damodar Sitaram Kite, (Original
Plaintiff) Since dead through its LRs,
1 A) Shri. Madhukar s/o Damodar
Kite, aged about 62 yrs
1 B) Shri. Prakash s/o Damodar
Kite, aged about 58 yrs
1 C) Shri. Vilas s/o Damodar Kite,
aged about 49 yrs
Occ: All Agriculturists, All Residents of
Kanalgaon, Post Kanalgaon, Tah: Mohadi,
Dist: Bhandara
---------VS-------
Caveatees: 1. Sheikh Illahi Sheikh Idu Mia,
(Original Defendant no. 1) Since dead
through its LRS
1(i) Mhairoom w/o Alim Sheikh
aged: Major, Occ: housewife R/o
Dasgaon, Tah and Dist Gondia
1(ii) Jairoom w/o latif Sheikh aged:
Major, Occ: housewife R/o Govindpur,
Tah and Dist Gondia
1(iii) Azhar s/o Yasin Sheikh aged:
23 yrs. Occ: nil, R/o Sirsoli, post
Kanalgaon, Tah Mohadi, Dist
Bhandara
1(iv) Sohail s/o Yasin Sheikh aged:
20 yrs, Occ: nil, R/o Sirsoli, post
Kanalgaon, Tah Mohadi, Dist
Bhandara
1(v) Shalfun w/o Yakub Sheikh
aged: Major, Occ: Housewife, R/o
Katangi, post katangi, Tah
Warashivni, Dist Balaghat
1(vi) Nasir s/o Illahi Sheikh, aged
30 yrs, Occ labour R/o Sirsoli, post
Kanalgaon, Tah Mohadi, Dist
Bhandara
1(vii) Anwari w/o Mustafa Sheikh
aged Major, Occ Housewife r/o kandri
(jamb) Tah Mohadi, Dist Bhandara
2. Shri Jairam s/o Shankarrao Wanjari
aged 62 yrs Occ Agriculture and business,
r/o Takia Ward Bhandara
3. Shri Rambhau s/o Bholaji Nipane,
aged about 62 years, OCC Agriculture r/o
Sawari (Jawaharnagar) Dist Bhandara
CAVEAT APPLICATION U/S 148-A OF THE CODE OF CIVIL
PROCEDURE
The Caveators most humbly and respectfully submits as
under:-
1. The Caveatees in this application is about to file 2 nd
appeal before this Hon’ble Court against the Judgment
and decree dated 04.12.2023 passed by Honble District
Judge II at Bhandara in first appeal bearing case
Number Regular Civil Appeal no. 106/2019 and the
caveatee may likely to file 2 nd appeal and may also likely
to file any application for grant of injunction/ interim
relief/stay application to the effect and operation of
Judgment and decree dated 04.12.2023.
2. The caveatees are likely to insist before this Honble court
for urgent hearing or could make exparte hearing on any
such type of application for grant of injunction/interim
relief, and therefore in such circumstances, no exparte
relief is to be granted to any of the caveatees, unless the
Caveators be served with notice and copy of application
and copy of appeal, so as enable the Caveators to make
hearing/submissions and to put forth his arguments,
submission, applications, objection etc., before this
Hon’ble Court.
3. In such circumstances, it is therefore most respectfully
prayed that, if any such Application for grant of
injunction/interim relief of any interlocutory application
is filed, no Ex-parte or any adverse orders be passed
against the caveator, on such application, without giving
due notice and copies of appeal and applications to the
proposed Caveators named above.
4. The addresses of the Caveators for service of
Summons/Notice in the proposed Appeal/Application is
as follows:-
1 A) Shri. Madhukar s/o Damodar Kite, aged
about 52 yrs
1 B) Shri. Prakash s/o Damodar Kite, aged
about 50 yrs
1 C) Shri. Vilas s/o Damodar Kite, aged about
40 yrs
Occ: All Agriculturists, All Residents of Kanalgaon,
Post Kanalgaon, Tah: Mohadi, Dist: Bhandara
5. The Caveator has served a copy of this Caveat
application by Registered Post Acknowledgement Due to
the aforesaid Non Applicant-Caveatees on their
mentioned address in title; the postal slips are enclosed
herewith.
Nagpur
Dated: _____.12.2023 CAVEATOR
Counsel for CAVEATOR
