Nandu Bhola Yadav v. Edridge Vency D'Souza And ORS.

caf-188.03.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.188 OF 2003 IN FIRST APPEAL NO.344 OF 2003 Nandu Bhola Yadav : Applicant.

Versus

Edridge Vency D'Souza & anr : Respondents.

Ms. Pratibha Shelke i/by Mr. R A Thorat for the Applicant. Miss Swati S Borwankar for the Respondent No.1. CORAM :

R. M. SAVANT, J.

DATE :

06th June 2016 P.C.

The above Civil Application has been filed seeking interim reliefs, pending Appeal viz. the stay of the decree.

The above Civil Application has come up for hearing on 12/04/2004 when for the reasons recorded in the order passed on the said day, the ad interim stay was granted in terms of prayer clause (a). The learned counsel appearing for the Respondent No.1 Miss Swati Borwankar opposes the continuation of the stay. In my view, having regard to the fact that the said ad-interim stay is operating for a period of more than 12 years and since in the order dated lgc

caf-188.03.doc 12/04/2004 it has been observed that having regard to the findings recorded in paragraph 14 of the impugned judgment, namely that the Plaintiff did not have locus standi to file the suit in question, the said ad-interim stay is confirmed. The above Civil Application is accordingly disposed of by making the same absolute in terms of prayer clause (a). [R.M.SAVANT, J] lgc