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Bombay High CourtCAS/525/2011dispossed offdismiss for default

Rama S/O Wanusa Thaokar And Oths v. Anusaya W/O Namdeo Gomase And Oths

2018-02-09Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No.525 of 2011 IN Second Appeal No.283 of 2011 [Rama Wanuusa Thaokar & others Vs. Anusaya Namdeo Gomase & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S. N. Chinchbankar, Adv., for the applicants-appellants. Mr. S. R. Deshpande, Adv., for respondent no.1. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

09th February, 2018 By this application, it is prayed that judgment and decree passed by the appellate Court be stayed during pendency of the appeal. By said judgment, it was declared that the plaintiff and defendant no.1 are entitled for 8/21st share. Share of other defendants was also determined. Though order dated 10th July, 2017 has been passed on that application, it appears that there was no earlier order passed granting stay. Considering the nature of decree as passed, though the demarcation of shares may go on, actual

possession of the parties shall not be disturbed during pendency of the appeal. Similarly, the appellants shall comply with the directions issued on 27th August, 2013. Civil Application is disposed of.

Judge |hedau|