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Bombay High CourtCAS/844/2006allowed

Rangubai Khashaba Yadav v. Vasant Shrirang Yadav And ORS.

2017-03-24Hon'Ble Shri Justice S.C. Gupte1 pages

sat cas 844-2006.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 844 OF 2006 IN SECOND APPEAL NO. 945 OF 2004 Rangubai Kshshaba Yadav, deceased through legal heirs, Kiran Khashaba Yadav ...Applicant vs.

Vasant Shrirang Yadav & Ors.

...Respondents

Mr.Umesh Mankapure for Applicant.

Mr.Pratap Patil for Respondent Nos.1 to 3.

CORAM : S.C. GUPTE, J.

24 MARCH 2017 P.C.:

The civil application seeks stay of execution of a decree on partition, which is challenged in the present second appeal. The second appeal is admitted in 2005. There is no stay, as yet. The Respondent decree-holders are likely to file execution proceedings soon. In the premises, it is ordered that pending the hearing and final disposal of the second appeal, though the execution proceedings may continue, possession shall not be delivered thereunder to any party. The civil application is disposed of accordingly. (S.C. GUPTE, J.) 1 / 1