Yashwant Vithoba Padale v. Kisan Kushaba Padale (Decd.) And ORS.

46 cas 1218-02=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1218 OF 2002 IN SECOND APPEAL NO. 629 OF 2003 Yeshwant Vithoba Padale ... Applicant.

V/s.

Kissan Kushoba Padale & Ors.

... Respondents ------- Mr. P. B. Shah for the applicant.

Mr. V. S. Gokhale for the respondents.

CORAM : K. K. TATED, J.

DATED : 14/09/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by plaintiff for an order of stay of Judgment and Decree dated 14.06.2000 passed by the Appellate Court in Civil Appeal No. 648 of 1989 and decree dated 28.02.1989 passed by the Trial Court in Regular Civil Suit No. 1769 of 1976 and also for an order of injunction restraining the respondents defendants from obstructing plaintiff's peaceful possession of the suit property bearing Survey nos. 28/10, 28/12, 25/3 and 27/8 during the pendency of the Second Appeal.

In view of dismissal of Second Appeal, nothing survives in Civil Application. Hence, same stands rejected as infructuous. (K.K.TATED, J.) Sneha Chavan 1/2

46 cas 1218-02=.doc CERTIFICATE Certified to be true and correct copy of the original signed order. Sneha Chavan 2/2