Javid Abdul Maniyar And ORS. v. Shaikh Ajij Dadamiya Shaikh

sg 1/1 cas1596-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1596 OF 2015 IN SECOND APPEAL NO.743 OF 2015 Javid Abdul Maniyar And Ors.

...Applicants vs.

Shaikh Ajij Dadamiya Shaikh

...Respondent

....

Mr. Sumit Kothari, for the Applicants.

Mr. Vivek V. Salunkhe, for the Respondent.

.......

CORAM : S.C. GUPTE, J.

DATED : 17 MARCH 2017 P.C. :

.

Heard learned Counsel for the parties.

2.

This Civil Application seeks stay of the execution of the impugned judgment and decree. The Second Appeal is admitted on a substantial question of law. There is ad-interim stay operating in the Civil Application. Learned Counsel for the Respondent opposes the application. Since the impugned decree requires the Applicants / Appellants to remove encroachment and handover possession of the suit property to the Respondent and the Second Appeal is admitted on a substantial question of law, the Applicants' possession of the suit property needs to be protected. The Civil Application is allowed in terms of prayer clause (a).

( S.C. GUPTE, J. )