Sandip Nanka Kharat v. Ushabai Waman Pawar

{1} wp2569-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2569 OF 2016 Sandip Nanka Kharat PETITIONER Age - 44 years, Occ - Service R/o Plot No.44, Vivekanand Nagar, Near Ramanand Naka, Jalgaon, Taluka and District - Jalgaon

VERSUS

Ushabai Waman Pawar RESPONDENTS Age - 68 years, Occ - Agriculture Through its General Power of Attorney Jitendra Waman Pawar, Age - 31 years, Occ - Agriculture R/o Kingaon, Taluka - Yawal, District - Jalgaon .......

Mr. Vijay B. Patil, Advocate for the petitioner .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 7 th MARCH, 2016 ORDER :

1.

Heard learned advocate for the petitioner extensively. He vehemently urges to grant indulgence in the present matter having regard to nature of decree passed and further that the petitioner had also deposited the amount, as directed under the decree. He further fairly points out to that the appellate court, under an application for interim relief, has conditionally stayed

{2} wp2569-16 operation of the decree.

2.

It is not the case that conditions, as have been referred to under the impugned order have not been complied with by present respondent. Having regard to that the matter is pending in regular civil appeal and the decree impugned is under challenge, the order for interim relief is passed exercising discretion by the appellate court and it is a case, wherein the discretion does not appear to have been exercised without application of mind or for that matter without following the principles of law, I am not inclined to interfere with the impugned order.

3.

Writ petition, as such, stands rejected. However, learned advocate for the petitioner requests that the regular civil appeal may kindly be expedited. In case Regular Civil Appeal No.154 of 2014 pending in District court Jalgaon is ready for final hearing in all respects, the same may be taken up for disposal expeditiously and may be disposed of, preferably within a period of six months. Writ petition stands disposed of accordingly. [SUNIL P. DESHMUKH, J.] drp/wp2569-16