Shri. Jayant Shetty (Since Deceased) Thr. L.R.S. 1.1) Shobha Jayanth Shetty And ANR. v. Shri. Sairus Adi Printer And ORS.

903-ia20537-2022 in fa197-2013.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.20537 OF 2022 IN FIRST APPEAL NO.197 OF 2013 Jayant Shetty (since deceased) through L.Rs. 1.1) Shobha Jayant Shetty & Anr.

... Applicants V/s.

Sairus Adi Printer & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.02.09 10:57:33 +0530 ATUL GANESH KULKARNI Mr. Sanjeev Kadam with Babita P. Pandey for the applicants.

Mr. V.S. Kapse with Mr. S.R. Bhalekar for respondent nos.1 to 3.

CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 8, 2023 P.C.:

1.

The instant interim application has been filed seeking stay of Execution Application No.184 of 2022.

2.

Perusal of the record shows that this Court by order dated 4th October 2019 made conditional order which require applicants to deposit the compensation amount. Clause 5 of the said order was to operate automatically in case of failure of applicants to deposit amount of compensation as agreed. Order dated 4th October 2019 was passed on the application for stay.

903-ia20537-2022 in fa197-2013.doc 3.

Due to non-compliance of clause 5 of order dated 4th October 2019, the stay application stood rejected. The interim applications for recall of order dated 4th October 2019 has been rejected by this Court by separate reasons.

4.

In view of rejection of earlier application for stay and in absence of any material change in circumstances, present interim application for stay of decree cannot be entertained. 5.

The interim application is, therefore, dismissed. No costs. (AMIT BORKAR, J.)