Chhagan Jagannath Desai v. Shrimati Sangita Sanjay Nikam

913-wp604-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.604 OF 2022 Digitally signed by ATUL GANESH KULKARNI Date:

2023.12.08 15:53:41 +0530 Chhagan Jagannath Desai ... Petitioner V/s.

Sangita Sanjay Nikam ... Respondent ATUL GANESH KULKARNI Ms. Shraddha Pawar with Mr. Nilesh S. Patil for the petitioner.

CORAM

:AMIT BORKAR, J.

DATED :DECEMBER 8, 2023 P.C.:

1.

The petitioner is challenging order passed by the Appellate Court granting stay to the decree for execution of sale deed. Considering the nature of decree and substantive appeal is pending before the District Court, no fault can be found with the order passed by the District Court.

2.

The writ petition is, therefore, dismissed. No costs. 3.

However, considering the fact that the appeal was filed in the year 2018, the District Court is directed to decide Regular Civil Appeal No.128 of 2018 within six months from today. (AMIT BORKAR, J.)