Shri Narendra Jayantilal Desai v. Smt. Nirmala Maganlal Doshi And ORS

Shivgan 1/2 Chamber-CAC-2342015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.234 OF 2015 WITH CIVIL APPLICATION NO.235 OF 2015 IN CIVIL REVISION APPLICATION NO.135 OF 2006 Shri Narendra Jayantilal Desai ....Applicant V/s.

Smt. Nirmala Maganlal Doshi & Ors.

..Respondents ---- Mr. N.J.Desai, advocate for Applicant.

Mr. H.P.Vyas, advocate for respondents.

---- CORAM: K.R.SHRIRAM, J.

(IN CHAMBER) DATED : 10.7.2015.

P.C. :

CIVIL APPLICATION NO.235 OF 2015 No case is made out. Hence, application stands rejected. CIVIL APPLICATION NO.234 OF 2015 As regards this application, the relief sought is to extend the execution, operation and implementation of the order dated 7.4.2015 for six months from expiry of the time given by this Court

Shivgan 2/2 Chamber-CAC-2342015.doc and to restrain respondents from taking possession of the suit premises.

Applicant states that though it is worded in such a fashion what effectively he is seeking is stay of the order and judgment dated 7.4.2015.

The counsel for respondent nos.1 to 6 strongly opposes the application and states that no stay was granted when the judgment was pronounced and in fact in paragraph 43, applicant was directed to hand over possession of the suit premises within eight weeks. Secondly, the counsel submits that the application being moved today is dated 26.5.2015 and he had ample time to file Special Leave Petition.

It is correct that no stay was granted but time to vacate the suit premises was granted for a period of eight weeks. However, since the applicant is a party in-person and is senior citizen, as and by way of last chance, time to vacate the suit premises is extended upto and including 10.8.2015.

The counsel for respondent nos.1 to 6 is pressing for cost. No costs.

(K.R.SHRIRAM, J.)