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Bombay High CourtWP/226/2014

Shri. Sitaram Ramchandra Nakhwa And ANR v. Smt. Kamal Sudhakar Sawant

2015-08-07Hon'Ble Shri Justice M.S. Sonak2 pages

1 WP 226­14.doc­10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.226 OF 2014

1. Shri Sitaram Ramchandra Nakhwa, ]

2. Shri Umesh Sitaram Nakhwa.

] ... Petitioners

Versus

Smt. Kamal Sudhakar Sawant.

] ... Respondents None for Petitioners.

None for Respondent.

CORAM :­ M. S. SONAK, J.

DATE :­ AUGUST 07, 2015 P. C. :­ 1.

None for Petitioners. However, upon perusing the impugned order dated 30/10/2013, by which the Appeal Court had granted a stay on the execution of the eviction decree subject to payment of compensation and other conditions, the same cannot be said to be in excess of jurisdiction.

2.

Accordingly, there is no reason to entertain the present petition. However, considering the circumstance that the Petitioner No.1 is stated to be a senior citizen and the appeal was instituted in the year 2013, the Appeal Court is requested to decide the appeal expeditiously and in any case, within a period of one year from today. URS

2 WP 226­14.doc­10 3.

The Registry to communicate this order to the Appellate Bench of the Small Causes Court, Mumbai, taking up Appeal No.105 of 2013.

4.

Petition is disposed of.

(M. S. SONAK, J.) URS