Premalabai Sheshrao Rathod And Others v. Vitthal Thavara Rathod And Others

963wp9177.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 963 WRIT PETITION NO.9177 OF 2022 PREMALABAI SHESHRAO RATHOD AND OTHERS

VERSUS

VITTHAL THAVARA RATHOD AND OTHERS ...

Advocate for Petitioners : Mr.Bhapkar Shivaji Bhimrao Advocae for Respondent Nos. 1 & 2 : Mr.G.R.Syed ...

CORAM : SANDEEP V. MARNE, J.

DATE : 18.10.2022.

PER COURT :

1.

The petitioners are aggrieved by the order dated 01.09.2022 passed in Misc. Civil Application (RJE) No. 11 of 2021 filed in MCA No. 11 of 2021.

2.

By the impugned order petitioners' application for stay to the decree during the pendency of the appeal has been rejected. This Court by ad-interim order dated 12th September, 2022 has stayed the Execution Proceedings in pursuance of the decree of the trial Court. 3.

In that view of the matter, the present petition can be disposed of by continuing interim order dated 12th September, 2022 during pendency of the Civil Appeal filed by the petitioners challenging the judgment and decree dated 15th October, 2019 passed

963wp9177.22 by the Civil Judge, Junior Division, Bhokar.

4.

Accordingly, the Writ Petition is disposed of. No costs. 5.

The District Judge is requested to expedite the appeal and an endeavour shall be made to decide the same as expeditiously as possible, preferably within a period of six months from today. ( SANDEEP V. MARNE ) JUDGE mahajansb/