The Nagpur Municipal Corporation Thr. Its Municipal Commissioner, Nagpur And ANR v. Fulchand S/O Nanhelal Jain

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 557 of 2016 IN Second Appeal No.471 of 2014 [The Nagpur Municipal Corporation & another Vs. Fulchand Nanhelal Jain] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

None for the applicants.

Mr. S. C. Mehadia, Adv., for respondent Nos. 1 (i to v). ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

18th July, 2017 By this application, it is prayed that the decree passed by the appellate Court while allowing the appeal filed by the original plaintiff be stayed. By said decree, the present appellants were restrained from demolishing the house of the original plaintiff till decision on the application dated 28th July, 2003.

The application is opposed by the respondent on the ground that if the decree is stayed, the house of the respondent would stand demolished.

Considering the nature of decree passed by the

appellate Court, the stay as prayed for cannot be granted.

Civil Application, therefore, stands rejected. Judge ||hedau|