Chandrakant Shankarsa Chavan And Others v. Sou.Chandrakala Balayya Kodam

(30)-CAS-714-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.10.11 10:09:59 +0530 CIVIL APPLICATION NO.714 OF 2018 BALAJI GOVINDRAO PANCHAL IN SECOND APPEAL NO.453 OF 2018 Chandrakant Shankarsa Chavan & Anr.

..Applicants

Versus

Sou. Chandrakala Balayya Kodam ..Respondent Mr. Bhushan Walimbe i/by Priyal Sarda, for the Applicants. Mr. Ashok B. Tajane, for the Respondent.

CORAM : NITIN W. SAMBRE, J.

DATE : 7th OCTOBER, 2022 P.C.

1.

By this application the appellant has sought stay to the execution of the decree.

2.

In the backdrop of the question of law framed by this Court, the present application in my opinion needs to be allowed, as primarily the provisions of Order II Rule 2 of CPC are incorrectly invoked by the lower appellate court.

3.

That being so, the application stands allowed in terms of prayer clause (c).

[NITIN W. SAMBRE, J.] BGP.