The Maharahstra Housing And Area, Mumbai v. M/S Shiva Enterprises, Aurangabad

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5675 OF 2021 IN SECOND APPEAL NO.263 OF 2021 1) The Maharashtra Housing and Area Development Authority (MHADA) Through its Secretary, Mantralaya Mumbai & Ors.

= APPLICANTS

VERSUS

M/s Shiva Enterprises, Through its Partner - Dhoopnarayan s/o Rajkara Singh = RESPONDENT ----- Mrs.Renuka V.Ghule,Advocate for Applicants;

Mr.JN Singh and Mr. AS Kulkarni, Advocates, for Respondent.

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 3 rd August, 2021.

PER COURT :- 1.

By this Civil Application, the applicants-appellants have prayed for stay to the impugned judgment and decree passed by the learned First Appellate Court.

2.

The Second Appeal has been admitted by formulating the substantial questions of law. Though this is a money decree and the settled legal position is that a Court should be slow in granting

(2) blanket stay to such judgment and decree; yet here substantial amount appears to have been withdrawn by the plaintiff-respondent after it was deposited with this Court. At the cost of repetitions, it can be said that the Appellant - MHADA had deposit an amount of Rs.35,16,576/- and now the decree that has been passed and the principal amount is Rs.37,51,784/-. That means substantial part of the amount has been deposited.

Taking into consideration this situation, there is no hesitation to stay further proceedings in the Execution Petition before the learned 3rd Civil Judge,Senior Division, Dhule till decision of the Second Appeal. Accordingly, there shall be stay in terms of prayer clause (F) till final hearing and disposal of the Second Appeal. The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV