Hamidkhan N. Pathan v. Itwara Masjid Committee Thr. Secretary, Aseef Mansoor Sheikh

49.sa.244.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.699 OF 2022 IN SECOND APPEAL NO.244 OF 2022 Hamidkhan N. Pathan (Dead) through LRs .Vs. Itwara Masjid Committee, through its Secretary, Aseef Mansoor Sheikh Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.T. Anthony, Advocate for appellant.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 21/06/2024 1.

This is an application for grant of stay to the execution of impugned judgment and decree under Order 41 Rule 5 of the Code of Civil Procedure.

2.

Heard learned Advocate for the appellant.

3.

Perused the impugned judgment of the trial Court.

4.

Considering the peculiar facts of the present case, it would be proper to grant stay to the execution of impugned judgment and decree as prayed for.

Civil application is disposed of accordingly. SECOND APPEAL NO.244 OF 2022 5.

Issue notice to the respondents, returnable after two weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate