Julie Salvador D'Cruz And ANR. v. Dennis Salvedor D'Cruz And ORS.

P.H. Jayani 30 CAF5524.98.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5524 OF 1998 IN FIRST APPEAL NO. 573 OF 1998 Julie Salvador D'cruz and anr.

....Applicants V/s.

Mrs. Amy Antonius and ors.

....Respondents Mrs. Uma Shah i/b. K.D. Shah for the applicants. None for the respondents.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th OCTOBER, 2019 P.C.:- .

By this application, the applicants have sought to stay the execution of the impugned judgment and decree dated 20/03/1998 passed by the City Civil Court, Gr. Bombay in S.C. Suit No.1292/1977. By the impugned judgment and decree, the City Civil Court, Gr. Bombay has dismissed the suit filed by the appellant herein and had discharged the court receiver who was appointed by order dated 23/02/1977. Since the suit has been dismissed, there is no question of staying the execution of the impugned judgment. The receiver has already been discharged and as such, the prayer clause (b) which seeks continuation of the order whereby the receiver was appointed, is also rendered infructuous.

2.

Civil Application stands dismissed.

3.

Place the appeal on final hearing board in the week commencing from 11/11/2019.

Preeti H.

Jayani by Preeti H.

Jayani Date: 2019.10.10 11:34:25 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 1/1