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Bombay High CourtWP/12128/2015dismissed

Shri. Mansing Rajaram Patil v. Shri. Uday Jivaji Kulkarni And ORS

2016-07-20Hon'Ble Shri Justice K.K. Tated2 pages

37 WP12128-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12128 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amit Sale for the petitioner Mr.Umesh Mankapure for the respondent CORAM : K. K. TATED, J.

DATE : JULY 20, 2016 P.C.:

Heard the learned counsel for the petitioner. By this Petition under Article 227 of Constitution of India, the petitioner defendant challenges the order dated 12.3.2015 passed by learned Ad-hoc District Judge-3, Sangli below Exhibit 7 in Regular Civil Appeal No.279 of 2014 rejecting defendant's application for ad-interim relief to stay the execution and operation of the Judgment and Decree dated 6.11.2014 passed by Civil Judge, Junior Division, Palus in Regular Civil Suit No.61 of 2012 (Old Special Civil Suit No.85 of 2011).

The learned counsel for the respondent plaintiff submits that decree dated 6.11.2014 is already executed during the pendency of the Mohite 1/2

37 WP12128-15 present petition. To that effect, he has placed on record bailiffs report as well as copy of Darkhast. Same is taken on record and marked 'X' for identification.

In view of subsequent developments, nothing survives in the Writ Petition. Same stands dismissed as infructuous.

JUDGE Mohite 2/2