Bhagwan S/O Narayanrao Kadoo v. Chandrakala Babanrao Adhaoo And 12 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application No. 298 of 2015 IN Second Appeal No. 150 of 2015 [Bhagwan Narayanrao Kadoo Vs. Chandrakala Babanrao Adhaoo & others] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. K. R. Lule, Adv., for the applicant.

A.A. Sonak, Adv., for respondent Nos. 1 and 3 to 13. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

31st July, 2017 By this application, it is prayed that the execution proceedings initiated by the original plaintiff be stayed during pendency of the appeal. It is sated that the applicant is in possession of the suit property and if the decree is executed, grave prejudice would be caused. The application is opposed by the learned counsel for the respondent no.1. It is submitted that the appellate Court has rightly refused to condone the delay and there is no merit in the appeal.

As the appeal has been admitted, the possession of the applicant deserves to be protected.

Accordingly, the Civil Application is granted in terms of Prayer Clause [1]. However, considering the

nature of challenge raised in the appeal, it is directed to be listed for hearing in the week commencing 4th September, 2017.

Civil Application is disposed of.

Judge ||hedau|