Sanjidabi Ziyaoddin Kazi L.Rs. Ziauddin Chirogddin Kazi And ORS v. Moinoddin Abdul Rahaman Kazi And ORS.

ca4989.18 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 4989 OF 2018 IN SECOND APPEAL NO.1295 OF 2005 SANJIDABI ZIYAUDDIN KAZI (DIED) THROUGH L.RS. ZIAUDDIN S/O CHIRAGODDIN KAZI AND OTHERS

VERSUS

MOINODDIN ABDUL RAHMAN KAZI and ORS.

.....

Advocate for Applicants : Mr. S.P. Brahme Advocate for Respondents : Mr. Jeevan R. Patil h/f Mr. G.B. Rajale Advocate for Respondents : Mr. A.B. Kadethankar Advocate for Respondents : Mr. Bharat Pankaj .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 12th AUGUST 2022 PER COURT:- 1.

Vide order dated 19.6.2018 this application was heard and order was passed thereby granting stay to the execution proceeding till the decision of the second appeal. However, the application was not disposed of.

2.

Heard.

3.

Learned counsel for the applicants pointed out that in this application prayers were two fold and since prayer clause "A" is already granted, now prayer clause "B" does not survive. In view of this, the application could be disposed of.

ca4989.18 -24.

Considering the above submissions and the fact that the stay to the execution proceeding is already granted till decision of the second appeal, present civil application stands disposed of. (BHARAT P. DESHPANDE, J.) rlj/