Yashwant Ananda Patil And Others v. Rajanibai Prakash Attarde And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

930 WRIT PETITION NO. 824 OF 2017 YASHWANT ANANDA PATIL AND OTHERS

VERSUS

RAJANIBAI PRAKASH ATTARDE AND OTHERS ...

Advocate for Petitioners : Mr. P.P. Dhorde And Mr. V. P. Dhorde ...

CORAM : S. B. SHUKRE, J.

Date: February 28, 2017 ...

PER COURT :- Heard.

This petition seeks to challenge legality and correctness of the order dated 24.8.2016 which grants interim stay to the execution of the decree till final disposal of the appeal. While doing so, due care of the interest of the petitioner has also been taken as the appellants in RCA No.87 of 2016 have been directed not to alienate the suit property till final disposal of the appeals because the thrust of the order is that admittedly, appellants therein who are the respondents herein are in possession of the suit property and therefore, no prejudice is going to be caused to the petitioners, if status-quo in respect of possession of the property is maintained. I do not find any perversity or illegality in this order. The petition deserves to be dismissed summarily. Petition stands dismissed.

No costs.

( S. B. SHUKRE, J. ) vbd