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Bombay High CourtCA/949/2018application allowed

Babarao Ramrao Rathod v. Rajabai Balaji Fuke And Others

2023-02-16Hon'Ble Ms. Justice Gauri Godse1 pages

31-CA-949-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

SGPunde BENCH AT AURANGABAD CIVIL APPLICATION NO. 949 OF 2018 IN APPEAL FROM ORDER NO. 10 OF 2018 Babarao Ramrao Rathod ...Applicants

Versus

Rajabai Balaji Fuke & Ors.

...Respondents

...

Mr. A. M. Gholap with Mr. D. B. Bhange - Advocates for applicant Mr. U. R. Awate i/b Talekar & Associates for respondent nos. 1 & 2 ...

CORAM : GAURI GODSE, J.

DATE : 16th FEBRUARY, 2023 PER COURT :

1.

Appeal from Order is against order of remand. Appeal is admitted. Hence, further proceeding after remand are required to be stayed.

2.

During the pendency of the appeal, there will be stay in terms of prayer clause 'B', which reads thus :

'B' - Pending the hearing and final disposal of the Appeal from Order the execution, implementation and operation of the impugned order dtd. 30.10.17 passed in Reg. Civil Appeal No. 04/15 by Ld. Ad-hoc D.J.-1, Kandhar, Dist. Nanded, may kindly be stayed.

3.

Civil Application is accordingly disposed off. [ GAURI GODSE ] JUDGE 1/1