R.D. Dularam Chugh (Dead) Thr. Lrs. B.D. Rewadi (Since Dead) Thr. Lrs. Tilakraj B. Rewadi And Other v. Parsuram D. Talodhikar (Since Dead) Thr. Lrs. Smt. Indirabai Wd/O Parsuram Talodhikar And Others

SA25.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.25/2018 Rupchand s/o Dulichand Dularam Chugh since dead through his LRs. Bhagwansingh D.Rewadi since dead through his LRs. Tilakraj s/o Bhagwansingh Rewadi and others.

Vs.

Parsuram s/o Dhondbhaji Talodhikar since dead through his LRs. Smt. Indirabai wd/o of Parsuram Talodhikar and others.

______________________________________________________________________________________________________ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------------------- Shri V.S.Kukday, Advocate for appellants.

Shri Bharat Kulkarni, Advocate for R.No1.(A to e)

CORAM

: A.S.CHANDURKAR, J.

DATED : 08.08.2018 Heard.

Admit on the substantial question of law as framed on 16th January, 2018.

Shri Kulkarni waives notice on behalf of legal heirs of respondent no.1.

Call for record and proceedings.

Hearing expedited.

Civil Application (S) No. 56/2018 Heard.

By this application, it is prayed that the effect and operation of the impugned decree be stayed during the pendency of the appeal. In the application, it is stated that applicants are in possession and hence, the stay deserves to be granted.

Reply has been filed on behalf of the non applicants opposing this prayer. It is stated that since the non applicants are decree holders, the stay

SA25.18 2/2 does not deserve to be granted.

The appeal has been admitted after framing substantial question of law. As the applicants/appellants are in possession, the execution of the impugned decree shall remain stayed during the pendency of the appeal. The applicants shall not create any 3rd party right over the suit property.

The application stands disposed of accordingly.

Civil Application (S) No.504/2018 In view of orders passed on Civil Application (S) No.56/2018, this application does not survive, the same is disposed of as such.

JUDGE Andurkar