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Bombay High CourtCAS/1699/2014allowed

Maruti Shripati Bandal (Deceased Through His Legal Heirs) v. Shri. Shankar Janu Bandal

2015-11-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 35.CAS1699.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1699 OF 2014 IN SECOND APPEAL NO. 726 OF 2014 Maruti Shripati Bandal Deceased through his legal heirs & Ors.

..... Applicants

VERSUS

Shankar Janu Bandal & Ors.

..... Respondents Mrs.Anita A.Agarwal for the Applicants.

None for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATED :

20th NOVEMBER, 2015 P.C.

By this civil application, the applicant seeks stay of the operation, execution, implementation and effect and further proceedings pursuant to the impugned judgment and decree dated 25th September, 2014 passed by the learned District Judge, Pune in Civil Appeal No.14 of 2005. None appeared for the respondents though served. No affidavit in reply is filed in this civil application. By a separate order passed by this court in Civil Application, Second Appeal No.726 of 2014 is already admitted. By an order dated 31st August, 2015 passed by this court in this civil application which is corrected on 22nd September, 2015, this court has already granted ad-interim relief thereby staying the operation and implementation of the impugned judgment and decree dated 25th September, 2014. Parties were also directed to maintain status quo in respect of Gut No.25/6. 2.

For the reasons recorded in the civil application, civil application is made

kvm 2/2 35.CAS1699.14 absolute in terms of the ad-interim order granted by this court on 31st August, 2015 duly corrected by an order dated 22nd September, 2015. No order as to costs. [R.D. DHANUKA, J.]