Mr. Immacus Dias v. Mr. Alzira Variava And ORS.

1 40.2345.18 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2345 OF 2018 IN FIRST APPEAL NO 790 OF 2018 Mr. Immacus Dias .....Applicant V/s.

Alzira Variava and others .....Respondents Mr. Cliford Martis for applicant Mr. A. A. Siddique for respondent CORAM :

K. K. TATED, J.

DATE :

APRIL 11, 2019.

P.C.

Heard the learned counsel for the parties.

By this Civil Application, original defendant is seeking stay of operation and implementation of Judgment and Decree dated 17/03/2018 passed by City Civil Court, Bombay in Suit No. 2516 of 2008 directing the applicant to execute Registered Deed of Conveyance in respect of 3 flats on the 3rd and 4th floor of the

2 40.2345.18 caf.doc building Anthony Heights situated on plot no. 277, CTS No. 1570, St. Anthony's Road, Village Chembur, Mumbai. The learned counsel for the applicant submits that respondents are already in possession of the suit premises.

The learned counsel for respondent submits that he received instructions to make statement before the Court that they are not going to execute Judgment and Decree dated 17/03/2018 till hearing and final disposal of the First Appeal. To that effect, he has given in writing. Same is taken on record and marked as 'X' for identification. Same is accepted.

In view of statement made by the learned counsel for respondent, nothing survives in Civil Application. Same stands disposed as infructuous.

No order as to costs.

[K. K. TATED, J.]