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Bombay High CourtCAF/1800/2014disposed off

Mrs. Prema Laxmichand Karani (Since Deceased Per Lrs-Shri. Jeeghar Laxmichand Karani And ORS.) v. Dena Bank

2016-01-08Hon'Ble Shri Justice K.K. Tated2 pages

42 caf 1800-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1800 OF 2014 IN FIRST APPEAL NO. 539 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. K. Dhakephalkar, Senior Counsel i/b Jaydeep Deo for the applicant.

Mrs. Pallavi Kulkarni i/b M/s. A.R. Bamne & Co. for the respondent.

CORAM : K. K. TATED, J.

DATED : 08/01/2016 P.C.:

.

Heard learned Senior Counsel for the Applicant & learned Counsel for the Respondent. This application is preferred by original Defendants for stay of operation and implementation the Judgment and Decree dated 29.03.2014 passed by Bombay City Civil Court at Bombay in S.C. Suit No. 8191 of 1984 (High Court Suit No. 156 of 1984) directing the Appellant Defendants to execute the conveyance in favour of Respondent original plaintiff in respect of suit property i.e. Shop no. 6, building known as Prem Kunj Co. Op. Housing Ltd, 43-B, Maharani Laxmibai Chowk, Sion Mumbai-22.

This Court by order dated 08.05.2014 directed Sneha Chavan 1/2

42 caf 1800-14=.doc both the parties to maintain status quo. It is to be noted that in the present proceeding, the Respondent Plaintiff is in possession of the suit premises.

Considering the submissions made by the learned Senior Counsel for the Applicant and after perusing the Judgment and Decree passed by the Trial Court, I am of the opinion that in the interest of justice, interim protection granted by this Court on 08.05.2014 to continue till the hearing and final disposal of the First Appeal.

Hence, the following order.

a) Interim protection granted by this Court on 08.05.2014 to continue till the hearing and final disposal of the First Appeal.

b) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2