Smt. Ramiben Bhagu Patel And ORS v. Prema Kanji Tandel

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11369 OF 2019 Ramiben Bhagu Patel and Ors.

...Petitioners

Versus

Prema Kanji Tandel

...Respondent

Mr. Abhinav Chandrachud i/b Mr. M. M. Badgujar, for the Petitioners. Mr. D.J. Shukla a/w Mr. Vivekanand A. for the Respondent No.1. CORAM : REVATI MOHITE DERE, J.

DATE : 16th DECEMBER, 2019 P.C. :

1.

Heard learned counsel for the Petitioners.

2.

By this Petition, the Petitioners have impugned the order dated 5th September, 2019, passed by the learned Principal District Judge, Daman, below Exhibit - 5 in R.C.A. No.8 of 2018, by which, the Petitioner's stay application (Exhibit - 5) was rejected. There is no dispute that the Appeal filed by the petitioners is pending before the learned Principal District Judge, Daman.

2/2 23-wp.11369.2019.doc 3.

Without going into the merits of the case, since the Appeal is pending before the Appellate Authority, it would be appropriate to direct the parties to maintain status-quo, till the Appeal being R.C.A. No.8 of 2018, is finally decided by the learned Principal District Judge, Daman. 4.

Hearing of the Appeal is expedited. The learned Judge to decide the Appeal, on its own merits, in accordance with law, uninfluenced by the status-quo order granted by this Court. All contentions of all the parties are kept open.

5.

Petition is accordingly disposed of.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.