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Bombay High CourtAO/62/2014disposed offdismissed for default

Babu Gyana Parle v. Rama Gyana Parle And Others

2015-08-26Hon'Ble Shri Justice S V Gangapurwala2 pages

1 AO62.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 62 OF 2014 Babu Gyana Parle .. Appellant

Versus

Rama Gyana Parle and Others .. Respondents Shri Tukaram M. Venjane, Advocate for the Appellant. Shri A. B. Kadethankar, Advocate for Respondent Nos. 1 to 4.

CORAM : S. V. GANGAPURWALA, J.

DATE : 26TH AUGUST, 2015.

PER COURT :

1.

Heard Mr. Venjane, the learned counsel for the appellant and Mr. Kadethankar, the learned counsel for respondents. The present appellant is the original plaintiff who has filed the suit for declaration and injunction. The said suit is partly decreed. Aggrieved thereby the defendant has filed an appeal before the District Court alongwith application Exh. 5 for stay of the judgment and decree passed by the Trial Court. The appellate Court allowed the said application. Aggrieved thereby the plaintiff has filed the present appeal. On 16th July, 2014 this Court has passed an order directing the parties to maintain status quo as on the said date.

2 AO62.14 2.

The learned counsel for both the parties submits that, the appeal is now ready for hearing and maintaining the order of status quo the appeal can be directed to be disposed of.

3.

In light of that, the lower appellate Court shall endeavor to decide the appeal expeditiously and preferably within six (6) months. The present Appeal from Order stands disposed of in terms of the interim orders passed earlier.

[ S. V. GANGAPURWALA, J. ] sam/Aug. 15