Shivsahay Jadunath Mishra And ORS. v. Shri Dwarkanath Shobhnath Mishra (Since Deceased) Thr Lrs. And ORS.

CAC453_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.453 OF 2018 IN CIVIL REVISION APPLICATION NO.653 OF 2017 Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Ashok Mishra i/b. Mr. Vijay B. Mishra for Applicants. Mr. A. A. Pandey i/b. Mr. A. R. Pandey for Respondents. CORAM : R. G. KETKAR, J.

DATE : 23RD JULY, 2018 P.C.:

Heard Mr. Mishra, learned Counsel for applicants and Mr. Pandey, learned Counsel for respondents. 2.

By this Application, applicants have prayed for stay of the eviction decree dated 25.02.2014 for the period of 12 weeks.

3.

The matter was heard at length and by order dated 21.06.2018, C.R.A. was dismissed. At that time, no prayer was made for stay of the eviction decree. Even on the next day i.e. 22.06.2018, matter was kept. On that date, instructing Advocate did not appear and Mr. Damle was requested to appear and accordingly he appeared and informed that he has no instructions to apply for stay of 1/2

CAC453_18.doc the eviction decree. Now, the present Application is moved on 16.07.2018 for staying the eviction decree. From what transpired on 21.06.2018 and 22.06.2018, I do not find that any case is made out for staying the eviction decree. Hence, Application is rejected.

(R. G. KETKAR, J.) Minal Parab 2/2