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Bombay High CourtCA/7494/2018disposed offdismissed for default

Hanmant Madhav Agav v. Dagdu Baburao Jadhav And Others

2018-06-15Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1-ca-7494-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7494 OF 2018 IN WRIT PETITION NO. 5819 OF 1995 HANMANT S/O MADHAV AGHAV VS.

DAGDU S/O BABURAO JADHAV AND OTHERS ...

Advocate for the applicant : Shri A.S.Shelke Advocate for Respondents 1 to 6/original Petitioners : Shri K.S.Patil h/f. Shri S.S.Choudhary ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 15thJUNE, 2018.

...

PER COURT :

1.

The learned advocate for the applicant submits that this Court has delivered a judgment on 03/05/2018. On the request of the applicant, the effect of the judgment was stayed for six weeks to enable this applicant to approach the Honourable Apex Court. Learned advocate for the applicant submits that the judgment of this Court was uploaded on 11/05/2018 and by the time he could prepare his SLP, the vacation in the Apex Court has commenced.

1-ca-7494-18.odt 2.

It is, therefore, prayed that as the Honourable Apex Court would resume on 02/07/2018, the stay may be extended up to 07/07/2018.

3.

Learned advocate for the respondents has strenuously opposed this application. It is prayed that the stay should not be continued and costs may be imposed. 4.

I find that the applicant was in possession of the suit property since 1992 and was protected during the pendency of the Writ Petition from 1995 till the decision on 03/05/2018. In the light of this fact situation, the effect of the judgment dated 03/05/2018 shall be stayed for a further period till 07/07/2018.

5.

Civil Application stands allowed accordingly. (RAVINDRA V. GHUGE, J.) shp/-