Shri.Vasant Waman Wayal v. Shri.Dattatray Vitthal Wayal

12-CAF-3638-2017.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3638 OF 2017 IN FIRST APPEAL NO.1275 OF 2017 Vasant Waman Wayal ] Applicant Vs.

Dattatray Vitthal Wayal ] Respondent .....

Mr. Satishkumar R. Soni, for Applicant.

Mr. J. S. Kini i/b Sapna Krishnappa, for Respondent. .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 30th MARCH, 2021.

P.C.

1.

This is an application seeking stay to the effect, implementation and operation of the judgment and decree dated 28th June, 2017 passed by the learned Judge, City Civil Court, Greater Bombay in Summary Suit No.9145 of 2000. 2.

This Court on 27th July, 2018 stayed execution of the impugned judgment and decree by granting ad-interim relief on a statement made by the learned Counsel for the applicant that he has deposited an amount of Rs.2,50,000/-. In fact, the impugned decree directs the applicant to pay a sum of Rs.2,83,750/- within

12-CAF-3638-2017.doc three months from the date of the decree along with further interest @ 9% per annum on an amount of Rs.2,50,000/- from the date of the suit till it'

s full realization.

3.

It appears that the applicant has not deposited the entire decretal amount in terms of the impugned judgment and decree. 4.

Subject to deposit of the entire amount with uptodate accrued interest within four weeks from today, there shall be stay to the execution of the impugned judgment and decree. 5.

If the applicant fails to deposit entire amount as above, stay shall stand vacated automatically without further reference to the Court.

6.

The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]