Smt.Sharda Shantaram Surve v. Dashrath Vithoba Sawant And ORS.

DSS 22-cac-181-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 181 OF 2015 IN CIVIL REVISION APPLICATION NO. 573 of 2012 Smt. Sharda S. Surve .. Applicant vs.

Dashrath V. Sawant & ors.

.. Respondents Mr. P.J. Thorat for the Applicant.

Mr. P.M. Gaonkar for Respondent No.1.

CORAM :

M. S. SONAK, J.

DATE : 6 JULY 2015.

P.C. :- 1] The civil revision application, questioning the judgment and decree dated 29 July 2005 has confirmed in appeal, has already been admitted by this Court.

2] Based upon the judgment and decree dated 29 July 2005, the respondents herein have instituted S.C. No. 1616 of 2014, seeking inter alia the eviction of applicant. The applicant has, therefore, taken out this civil application seeking stay on the operation, implementation and execution of the judgment and decree dated 29 July 2005.

3] At this stage, there is no necessity to grant any stay as prayed for. The Trial Court is directed to proceed with S.C. No. 1616 of 1/2

DSS 22-cac-181-15 2014, but shall not make any final orders therein without leave of this Court. Upon conclusion of evidence, either parties, are at liberty to apply to this Court for such leave. Such application, shall thereafter be considered on its own merits and all contentions of all parties are therefore kept open.

4] This Civil Application is disposed of in the aforesaid terms. 5] All concerned to act upon an authenticated copy of this order. (M. S. SONAK, J.) dinesh 2/2