Bombay High CourtWP/740/2016dispossed offdismiss for default

Kailash S/O. Narayan Kamble v. Smt. Silpa Wd/O. Bhupesh Kamble

2016-04-13Hon'Ble Shri Justice Sunil B. Shukre1 pages

1304wp740.16.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 740 OF 2016 (Kailash Narayan Kamble Vs. Smt. Silpa Wd/o Bhupesh Kamble) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J. A. Anthony, Advocate for the petitioner. Shri S. K. Karmarkar, Advocate for the respondent. CORAM : S. B. SHUKRE, J.

DATED : APRIL 13, 2016 Learned Counsel for the respondent-decree holder makes a statement that the appeal is already filed and even the application for grant of stay to the execution proceedings is pending for consideration before the District Court and, therefore, this petition be disposed of as redundant. He also submits that the respondent-decree holder, till the time the application for stay is decided in accordance with law by the District Court, shall not proceed with the execution of the decree.

Learned Counsel for the petitioner has no objection for disposing of the petition, if the respondent, as stated above, does not go ahead with the execution decree till the stay application is decided by the District Court. The statement made on behalf of the respondent, on instructions, is already recorded.

Accordingly, the writ petition is disposed of as having served its purpose.

Both the parties are directed to appear before the District Court on 30/4/2016 and cooperate the Court in disposing of the stay application at the earliest, which may be decided as per law within one month from the date of the order.

JUDGE wwl