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Bombay High CourtCAC/74/2016

Mrs. Manisha Vasant Bapat v. Milind Jaywant Navalkar And Other

2016-08-16Hon'Ble Shri Justice Nitin Jamdar2 pages

1 15 CAC 74-16 in CRA 242-10.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 74 OF 2016 in CIVIL REVISION APPLICATION NO. 242 OF 2010 Mrs.Manisha Vasant Bapat.

.. Applicant Vs.

Shri Milind Jaywant Navalkar & anr. .. Respondents Mr.S.S.Kanetkar, for the Applicant.

Mr.Mayuresh Kulkarni i/b Mr.Ketan Chothani, for Respondent No.1.

CORAM : N.M.Jamdar, J.

Tuesday, 16 August 2016.

P.C. :

By this Application, the Applicant seeks stay of further proceedings and hearing of Regular Civil Suit No.2616 of 2012. At the time of admission of this Revision on 4 August 2011, the learned Single Judge passed the following order - '1.

Rule.

2.

In my view, it would not be appropriate to grant any interim relief of stay of the suit. Interest of the petitioner would be sufficiently protected by directing that the decision of the suit, if adverse to the petitioner shall not be implemented for a period of four weeks'.

2.

The learned counsel for the Applicant submitted that in view

2 15 CAC 74-16 in CRA 242-10.doc of change of any circumstance this Court need not be bound by the order passed on 4 August 2011. The submission cannot be accepted. The learned Single Judge has clearly opined that during the pendency of this Revision, the interest of the Applicant can be protected by directing that the decision of the suit if it is adverse to the Applicant be not implemented for a period of four weeks. Therefore, if the Respondents succeed in the suit and the Revision is allowed, it is the Respondents who would be taking risk of proceeding with the suit. Even otherwise, the Revision Application is filed in the year 2010 and is pending since then. 3.

In the circumstances in view of the clear view expressed as regards the interim arrangement by the learned Single Judge, in the order dated 4 August 2011, the Civil Application for interim relief cannot be considered and is accordingly rejected. Place the Revision Application on board for hearing as per its turn. (N.M.Jamdar, J.)