Bhimrao Jagannath Gaikwad And Others v. Rambhau Tukaram Karate And Others

49 CAS 1570-13 in SA 27-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1570 OF 2013 (For stay) in SECOND APPEAL NO. 27 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Ms.Apeksha Dangche i/b Mr.Ajay Misar & Co., for Applicants / Appellants.

Ms.Divya Parab i/b Mr.R.N.Gite, for Respondent Nos.2 to 9.

CORAM: N.M. JAMDAR, J.

Friday, 5 August 2016.

P.C.:

The Civil Application is filed for stay of the execution of the impugned judgment and decree.

By the impugned judgment and decree the Appellants are directed to hand over the possession of the suit property. By order dated 29 September 2015, the Appeal is admitted and ad-interim relief is

49 CAS 1570-13 in SA 27-15.doc granted in the present Civil Application.

Thereafter the Application came up on board on 26 November 2015, when the learned counsel for the Respondent Nos.2 to 9 sought time to file reply affidavit and reply was directed to be filed within two weeks and it was stated that no extension would be granted. By way of indulgence, time was extended on 1 July 2016.

No reply is filed till date. The decree is for possession. Ad-interim relief is already granted. Civil Application is allowed in terms of prayer clause (a).

(N.M.Jamdar, J.)