Mustafakhan Yusufkhan Pathan (Died) Thr Lrs. Bashidkhan M. Pathan And ORS v. Nitin Bajranglal Malu And ANR

PB1-CA-16043-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16043 OF 2022 IN FIRST APPEAL NO. 3663 OF 2022 Mustafakhan Yusufkhan Pathan (Died) Through L.Rs.

Bashidkhan Mustafakhan Pathan and Others ..APPLICANTS

VERSUS

Nitin Bajranglal Malu and Another ..RESPONDENTS ....

Mr. S.S. Manale, Advocate for applicants Mr. V.J. Dixit, Senior Advocate i/b Mr. S.V. Dixit, Advocate for respondents ....

CORAM : R.G. AVACHAT AND R.M. JOSHI, JJ.

DATE : 01st DECEMBER, 2022 PER COURT :

1.

Heard.

2.

Issue notice to the respondents. Mr. S.V. Dixit, learned counsel, waives service of notice on their behalf.

3.

Learned counsel for the applicants seeks stay to the impugned judgment and decree.

4.

Since the decree against the applicant/appellant is a money decree, it is just and necessary to ensure that the decreetal amount is 1 / 2

PB1-CA-16043-22.odt secured. In the facts and circumstances of the case, solvent security to the extent of decreetal amount will be sufficient security. Hence, the impugned judgment and order is stayed on furnishing solvent security. Civil application stands disposed of accordingly.

( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2