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Bombay High CourtCAF/3681/2015dismissed

Smt. Sitabai Ramji Todankar Deceased And ORS. v. Mr. Vithal Narayan Shetty 1-A) Suresh Vithal Shetty And ORS.

2019-04-10Hon'Ble Shri Justice K.K. Tated2 pages

11 caf3681-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3681 OF 2015 IN FIRST APPEAL NO.957 OF 1994 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Martina Sapkal i/b Mr.Vishal Narkar for the applicant CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

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Heard.

By this Civil Application Applicant is seeking stay of the operation and implementation of the impugned judgment and award dated 10.8.1994 pending before the Bombay City Civil Court at Bombay.

The learned counsel for the Applicant submits that during the pendency of the present proceeding, possession is already taken by the Respondent. Therefore, nothing Mohite 1/2

11 caf3681-15.doc survives in the pending Civil Application.

In view of the statement made by the learned counsel for the Applicant and subsequent development, Civil Application stands dismissed as infructuous.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2