Narayan Babhanrao Dhas v. Laxman Narhari Ratnaparkhi

( 1 ) ca380.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 380 OF 2020 IN SECOND APPEAL NO.9 OF 2020 NARAYAN BABHANRAO DHAS

VERSUS

LAXMAN NARHARI RATNAPARKHI Mr. P. R. Katneshwarkar, Advocate for the appellant CORAM :

S. M. GAVHANE, J.

DATED :

14.01.2020 PER COURT :- .

Appellant/original plaintiff has filed this application to stay the effect, execution and implementation of the judgment and decree in Regular Civil Appeal No. 25 of 2016 passed by the District Judge, Basmathnagar, dated 09/10/2019 pending hearing and final decision of the second appeal filed by him aggrieved by the said decision of appellate Court. 2.

Heard the learned counsel appearing of the applicant.

3.

Today the second appeal filed by the applicant is admitted. Considering the same and the submissions made by learned counsel appearing for the

( 2 ) ca380.20 applicant/appellant and the nature of judgment and decree passed by the appellate Court setting aside the decree passed by the trial Court and dismissing the suit and further directing the appellant to re-convey the suit land in favour of the respondent on or before 30/01/2020 by re-conveyance deed bearing all incidental charges and expenses the effect, execution and implementation of the judgment and decree in Regular Civil Appeal No. 25 of 2016 passed by the District Judge, Basmathnagar, dated 09/10/2019 is stayed till the final hearing and disposal of the second appeal filed by the applicant.

4.

Application is accordingly allowed.

[S. M. GAVHANE, J.] ssp/Jan.20/ca380.20