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Bombay High CourtCA/9040/2016disposed offdismissed for default

Rajendra Motiram Sonawane And ORS v. Ananda Hari Sonawani, Died Thr. L.Rs. Shantabai Ananda And ORS

2016-06-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 9040.2016 in S.A. 75.2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 9040 OF 2016 IN SA/75/2012 RAJENDRA MOTIRAM SONAWANE AND ORS.

VERSUS

ANANDA HARI SONAWANI, DIED THR. L.RS. SHANTABAI ANANDA AND ORS.

.....

Mr. S.P.Brahme, Advocate for applicants.

Mr. V.B.Patil, Advocate for R - 1-A to 1-F.

.....

CORAM : T.V.NALAWADE, J.

DATE : 29th JUNE, 2016 ORAL ORDER :- .

Today learned counsel for the applicants argued for interim relief. Considering the facts and circumstances of the case, this Court expressed that unless and until bonafides are shown by the applicants and some amount is deposited as security to protect the interest of the decree holder, this Court may not grant stay to the execution.

2.

This Court expressed that appellant to deposit at

2 C.A. 9040.2016 in S.A. 75.2012.odt least ` 6 Lakh for getting stay. Learned counsel submits that his client is not in a position to deposit the said amount. So, the stay is refused.

3.

There is no need to issue notice in stay application. Notice issued in the application for condonation of delay is to be served.

4.

Civil Application stands disposed of.

[T.V.NALAWADE, J.] KNP/C.A. 9040.2016 in S.A. 75.2012.odt