Mr. Carlton Allen v. Mr. Gerald, Mervyn Remdios

Chittewan 1/1

27. CAS 1405-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1405 OF 2015 IN SECOND APPEAL NO.668 OF 2015 Mr. Carlton Allen And Another ...

Applicants

Versus

Mr. Gerald Mervyn Remdios ...

Respondent .....

Mr. R.B. Parab for the Applicants.

Ms. Shweta Kadam for the Respondent.

.....

CORAM : S.C. GUPTE, J.

DATE : 3 MARCH 2017 P.C. :

.

Heard learned Counsel for the parties.

This civil application seeks an interim stay of the execution of the impugned judgment and decree passed by the Trial Court and confirmed by the First Appellate Court. The second appeal is already admitted on the substantial questions of law. The impugned judgment and decree requires the Appellants to part with possession of the suit property. The possession of the Appellants needs to be protected during the pendency of the second appeal. There is already an ad-interim order passed by this Court on 9 September 2015. That ad-interim order is now confirmed during the pendency of the second appeal. The Civil Application is disposed of. (S.C. GUPTE, J.)