Krishaji S/O Tukaram Raghatate And Another v. Harish S/O Daulatrao Ramteke And Another

1302ao74.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO.74/2014 Krishnaji s/o Tukaram Raghatate and another ...Versus...

Harish s/o Daulatrao Ramteke and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.A. Abhyankar, Advocate for appellants Shri Devendra Chauhan, Advocate for respondents CORAM : Z.A. HAQ, J.

DATE : 13.02.2015 Heard the learned Advocates for the respective parties.

ADMIT.

Advocate Shri Devendra Chauhan waives notice on behalf of the respondents.

CIVIL APPLICATION A. NO.30/2015 Considering the facts of the case, in my view, the appellants have made out a prima facie case for grant of interim order. During the pendency of the appeal, there shall be stay in terms of prayer clause of the civil application, which reads as follows :

"Pending the adjudication of the present appeal stay the effect and operation of the impugned order dated 28.10.2013 (Annex. No.5 to

1302ao74.14.odt the appeal) passed by the 6th Joint Civil Judge Senior Division, Nagpur in Sp.C.S. no.247/2012." The learned trial Judge shall proceed with the civil suit and try to dispose of the civil suit within one year. The civil application is allowed in the above terms. JUDGE Wadkar