Baban Maruti Tour And Others v. Nandkumar Tanaji Tour And Others

18-CA-6102-2018.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6102 OF 2018 IN CIVIL APPLICATION NO. 2208 OF 2022 IN SECOND APPEAL NO. 239 OF 2019 Baban Maruti Tour and others ... Applicants

Versus

Nandkumar Tanaji Tour and others ... Respondents ....

Mr. P.R. Katneshwarkar - Advocate for Appellants Mr. S.S. Gangakhedkar - Advocate for Respondent Nos. 1 to 4 Mr. N.B. Jadhav - Advocate for Respondent No. 5 Mr. S.B. Bhosale - Advocate for Respondent No. 6 Mr. J.R. Patil - Advocate for Respondent No. 7 ....

CORAM : GAURI GODSE, J.

DATE : 30th January, 2023 PER COURT :

1.

Civil Application is for stay to the execution and operation of the impugned judgment and decree. The judgment and decree impugned in the second appeal is for partition. 2.

Second Appeal is already admitted. Hence, during the pendency of the second appeal final decree proceedings can go on, however, there will be stay to the actual handing over of physical possession.

3.

By order dated 07th March, 2022, both the parties were 1/2

18-CA-6102-2018.odt restrained from creating any third party interest in any of the suit properties till the decision of the second appeal. This interim relief will also continue during the pendency of Second Appeal. 4.

Civil Application is disposed of in the above terms. 5.

Office is directed to add second appeal in final hearing board, as per its turn when it is ready.

6.

Office remark shows that record and proceedings is received. Printing is dispensed with.

7.

Appellant to file private paper book containing judgments of both the courts, first appeal memo, pleadings, notes of evidence and exhibited documents, within a period of six months from today. [ GAURI GODSE ] JUDGE 2/2