Akkatai Siddu Salaskar v. 1) Bhaskar Khandu Kamble And ORS.

26-cas1558-11 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1558 OF 2011 IN SECOND APPEAL NO.673 OF 2011 Akkatai S. Salaskar ...Applicant V/s.

Bhaskar K. Kamble & Ors.

...Respondents

Mr.S.S. Patwardhan for the Applicant.

Mr.A.M. Adagule of the Respondent Nos.1 to 10, 12 and 13. CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

By this civil application, the applicant seeks stay of operation , implementation and execution of the judgment and decree dated 22nd June, 2011 passed by the learned Principal District Judge, Kolhapur in Regular Civil Appeal No.121 of 2006. By a separate order passed by this Court, the second appeal is already admitted on 4th August, 2015 on substantial question of law formulated in the said order.

2.

I have heard the learned counsel appearing for the parties and have perused the averments made in the civil application. The applicant has made out a case for grant of stay of operation, 1/2

26-cas1558-11 implementation and execution of the impugned judgment and decree dated 22nd June, 2011.

3.

The civil application is made absolute in terms of prayer clause (a). No order as to costs.

4.

Insofar as the request made by the learned counsel appearing for the respondent nos.1 to 10, 12 and 13 that the applicant as well as the respondent no.15 shall be also directed to maintain status-quo is concerned, his clients can apply for appropriate relief by filing appropriate application. If such an application is made, the same can be considered on its own merits. 5.

The civil application is disposed of in aforesaid terms. (R.D. DHANUKA, J.) 2/2