Lalsing Dhakalya Pawara And Others v. Bamanibai Kutrya Pawara And Others

(Order) (1) Civil Appln. No. 05777 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 05777 of 2017 (In Second Appeal No. 0321 of 2017) District : Nandurbar Lalsing s/o. Dhakalya Pawara .. Applicants & 03 others.

(Original plaintiffs) versus Smt. Bamanibai w/o. Kutrya Pawara .. Respondents & 06 others.

(Original defendants) ...........

Mr. Angad L. Kanade, Advocate, for the applicants. Mr. N.D. Batule, Advocate, holding for Mr. S.V. Natu, Advocate, for respondents no.01 to 07.

...........

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 21ST FEBRUARY 2019 ORAL ORDER :

01.

By this application, two prayers are made;

one is for stay to the judgment and decree passed by learned first appellate Court in Regular Civil Appeal No. 02 of 2011. In fact, by this judgment and decree, though the appeal is allowed, the original suit was dismissed. Under such circumstance, there is no question of putting anything to execution. Therefore, it does not require any kind of stay. Therefore, relief in terms of prayer clause "B" cannot be granted.

(Order) (2) Civil Appln. No. 05777 of 2017 02.

Another prayer is for restraining the respondents from creating any third party interest in the suit properties during the pendency of the second appeal. It is to be noted that merely because a party asks for such kind of relief, it cannot be given. The contents of the application do not clarify that after the decree that was passed by the first appellate Court, there was any attempt on the part of respondents to sell out the land. No specific instance in that respect has been stated. Mere statement cannot be taken as apprehension and, therefore, the civil application is hereby disposed of.

( Smt. Vibha Kankanwadi ) JUDGE ...........

puranik / CA5777.17