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Bombay High CourtWP/2631/2024disposed off

Gambhir Madhav Shaha v. Suresh Hajarimal Agrawal

2024-03-18Hon'Ble Shri Justice Arun R. Pedneker1 pages

2024:BHC-AUG:6006 1 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 2631 OF 2024 GAMBHIR MADHAV SHAHA

VERSUS

SURESH HAJARIMAL AGRAWAL ...

Advocate for the Petitioner :

Mr. Paresh B. Patil h/f. Mr. Patil Prafullasing H. ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18th MARCH, 2024 PER COURT:

1.

Heard.

2.

The rent is due from the year 2011 till date, so also, the amount of Rs.5,000/-, which is directed to be deposited by the appellate court for grant of stay has not been deposited and, thus, the executing court has proceeded in absence of any stay by the appellate court in execution of the decree of the trial court.

3.

Since, the arrears of rent, admittedly, are from the year 2011, no stay can be granted and the offer made to deposit 50% amount cannot be accepted.

4.

The Writ Petition stands dismissed.

[ARUN R. PEDNEKER, J.] marathe