Natha Dhondiba Darekar Through Lrs Parubai Natha Darekar And Others v. Karuna Jalindar Darekar And Others

*1* 17wp1926o20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1926 OF 2020 NATHA DHONDIBA DAREKAR THROUGH LRS PARUBAI NATHA DAREKAR AND OTHERS

VERSUS

KARUNA JALINDAR DAREKAR AND OTHERS ...

Advocate for the Petitioners : Shri Andhale Sandip R. ...

CORAM: ROHIT B. DEO, J.

DATE : 05th February, 2020 Per Court:

Perused the order impugned.

The petitioners, who are the Judgment Debtors, are aggrieved by the order impugned, which is passed on the application seeking stay to the execution of the judgment and decree.

The learned advocate for the petitioners submits that the possession of the Judgment Debtors be protected. I do not see any reason for the petitioners to nurture an apprehension that their possession would be disturbed. The learned Appellate Court has made it clear that the execution proceedings shall proceed only till the stage of preparation of "Watap Takta". Obviously, the learned Appellate Court has protected the interest of the petitioners.

*2* 17wp1926o20 This Writ Petition is misconceived and is dismissed. However, it is clarified that if there is any occasion for the petitioners to nurture a genuine apprehension that they would lose their possession before the final decision in the appeal, the petitioners shall be free to prefer an appropriate application before the Appellate Court. kps (ROHIT B. DEO, J.)