Surekha Vilas Khanekar v. Shri.Ganesh Yamanaji Wadekar

Sherla V.

caf.2162.2017_20(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2162 OF 2017 IN FIRST APPEAL st. NO.18336 OF 2017 Surekha Vilas Khanekar ... Applicant Vs.

Ganesh Yaamanjai Wadekar ... Respondent Mr.Nikhil Wadikar with Mangesh Bansod i/b Law Loyals for the Applicant Mr.P.G. Parkar with J.H Sawant for Respondent CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 16, 2018 P.C. :

1.

This civil application is moved for stay of impugned judgment and decree dated 4.5.2017 passed in S.C. Suit No.1991 of 2011 by the City Civil Court, Greater Bombay.

2.

Learned Counsel for the applicant submits that the suit filed by the respondent/original plaintiff, for possession in respect of suit room, is decreed in favour of the respondent. By clause No.2 of the operative portion of the order, the learned Judge has directed the defendant to hand over peaceful and vacant possession of room No.8.

caf.2162.2017_20(2).doc 3.

The said operative portion in clause (2) only is stayed and it is directed that the applicant shall not alienate, transfer, create, encumber or part with the possession of the suit premises in any manner either by herself or through her agents, relatives or attorneys, etc., till final hearing of the appeal. 4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.)