Pravin Sahebrao Mali v. Bhika Kisan Mahale And Others

1 934 CA-5074-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5074 OF 2016 IN AOST/10543/2016 PRAVIN SAHEBRAO MALI

VERSUS

BHIKA KISAN MAHALE AND OTHERS ...

Advocate for Applicant : Mr. Mukul S. Kulkarni Advocate for Respondent No.1 : Mr. Anudeep Sonar h/f. Mr. V. B. Patil. ...

CORAM : K.K. SONAWANE, J.

DATED : 20TH SEPTEMBER, 2017.

Order :- Heard learned counsel for the applicant and learned counsel for respondent No.1. Rest of the respondents did not turn up to this Court for hearing of application. This Court under Order dated 25th April, 2016, granted ad-interim relief of stay. The lower Appellate Court had remanded the matter with blanket direction to the trial Court to grant opportunity to the parties to plead their case as well as to adduce evidence and cross-examine the witnesses of other side. 2.

In view of nature of subject matter, I do not find any impediment to continue this order till adjudication of the appeal on merit. Hence, there shall be a stay to the execution and implementation of the order passed by the Lower Appellate Court dated 21-11-2015 in Regular Civil Appeal No. 207 of 2006, till final adjudication of the appeal. Accordingly, civil application for stay stands disposed of.

[ K. K. SONAWANE ] JUDGE rrd.