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Bombay High CourtCA/15736/2015rejected at admission stage

Ramakant Baliram Waghmare v. Madhukar Gunderao Kasar

2017-09-15Hon'Ble Shri Justice Nitin W. Sambre2 pages

ca15736.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15736 OF 2015 IN SECOND APPEAL NO.577 OF 2015 Ramakant s/o Baliram Waghmare ..APPLICANT

VERSUS

Madhukar s/o Gunderao Kasar ..RESPONDENT Mr P.M. Gaikwad, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 15th September, 2017 ORAL ORDER:

None for the applicant.

2.

This application is seeking modification of the order, whereby applicant's interest was protected, subject to depositing the entire decretal amount.

3.

This appeal is against money decree. As such, in view of the provisions of the Code of Civil Procedure, the prayer of the applicant needs to be rejected, particularly in the backdrop of the fact that the hardship to the applicant will hardly be of any consequence while seeking stay to execution of the money decree.

ca15736.15 (2) 4.

In view of aforesaid, Civil Application stands rejected. 5.

List Second Appeal for admission in next week. (NITIN W. SAMBRE, J.) amj