Shri. Machhindhranath Eknath Shinde v. Sou. Vimal Bayapparao Shinde (Since Deceased Thr. Lrs)

59 CAS 1290-15 in SA 673-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1290 OF 2015 (For Ad-interim Relief / Stay) in SECOND APPEAL NO. 673 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Ms.Sheetal Thakur i/b Mr.Vikram Chavan, for the Applicant / Appellant.

Mr.Venkatesh Shastry i/b Mr.Manmath Athalye, for the Respondent.

CORAM: N.M. JAMDAR, J.

Friday, 5 August 2016.

P.C.:

The Civil Application is taken out for stay of the implementation and execution of the impugned judgment and decree.

2. The impugned judgment and decree directs the Appellant to hand over possession of the suit

59 CAS 1290-15 in SA 673-15.doc property.

Suit is filed for simplicitor seeking possession of the suit property. By order passed on 6 January 2016, the Appeal is admitted and ad-interim relief in terms of prayer clause (a) was granted. When the application came up on board on 24 June 2016, at the request of the Respondent it was adjourned by six weeks.

No reply is filed.

Considering the nature of the judgment and decree the possession of the Appellant will have to be protected. Accordingly ad-interim relief granted on 6 January 2016 is confirmed to be continued till the disposal of the Appeal. Civil Application is accordingly disposed of.

(N.M.Jamdar, J.)