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Bombay High CourtCAA/356/2016

Smt. Kalpana Kapurchand Barlota (Jain) And ANR v. Smt. Bharati Jinendrakumar Diwakar And ANR

2016-04-18Hon'Ble Shri Justice G. S. Kulkarni3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.356 OF 2016 IN APPEAL FROM ORDER NO.276 OF 2016 Smt Kalpana Kapurchand Barlota (Jain) & anr .. Applicants Vs Smt Bharati Jinendrakumar Diwakar & anr ..Respondents. Mr.Inderjeet Yadav for Applicants Mr.Shishir Joshi i/b Mr.Sachin Raje for Respondents Coram: G.S.KULKARNI, J.

Date : 18TH APRIL, 2016.

P. C.

1.

By a separate order passed today, appeal has been admitted. There is already an ad-interim protection which is granted in favour of the Applicant.

2.

Having heard the parties and considering the issues as raised in the appeal, it will be in the interest of justice that the impugned order dated 12th December, 2015 be stayed till the disposal of this appeal.

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3.

Civil Application is accordingly allowed in terms of prayer clause (a) which reads thus:

" pending the hearing and final disposal of the above Appeal from order, this Hon'ble Court may be pleased to stay the execution of the order dated 12/12/2015 passed by His Honour Judge Shri S.D.Darne presiding in Court Room No.1 of the Bombay City Civil Court at Bombay in respect of the suit premises being Flat no.2, situated at Ground Floor,Shobhna Co-operative Housing Society Ltd Plot no.311 Shere-E-Punjab Mahakali Caves Road, Andheri (E) Mumbai-400 093."

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