Vishnu Bajirao Wakale v. Bajirao Shankar Wakale Through Lrs Gayabai Raghunath Jadhav And Others

(1) WP-2225 of 2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 8 WRIT PETITION NO.2225 OF 2020 VISHNU BAJIRAO WAKALE

VERSUS

BAJIRAO SHANKAR WAKALE THROUGH LRS GAYABAI RAGHUNATH JADHAV AND OTHERS ...

Mr. V.V. Ingle, Advocate for the petitioner.

...

CORAM :

Rohit B. Deo, J.

DATE :

11th February 2020.

ORDER :- .

The petitioner is challenging the order dated 19.12.2019 rendered by District Judge 2, Vaiapur in Regular Civil Appeal 53/2018 whereby the judgment and decree in Regular Civil Suit 412/2004 is stayed till decision in appeal. 2.

The decree is of partition and separate possession. In the operative part of the order impugned, Clause - 3 clarifies that the stay order shall not affect anything done prior to the stay order. This presumably is in the context of the submission of the petitioner that pursuant to the judgment and decree of partition, the petitioner is placed in possession of his share.

(2) WP-2225 of 2020.odt 3.

In this view of the matter, I do not see any error in the order impugned.

4.

The petition is dismissed.

5.

The District Judge 2, Vaiapur is requested to decide the appeal expeditiously and in any event, within six months.

(ROHIT B. DEO, J.) VD_Dhirde