Smt. Indirabai Wd/O Raghobaji Thakre And Another v. Smt. Pratibha Wd/O Ramdas Thakre And Others

CA 161.18.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (S) No.161/2018 in Second Appeal No.60/2018 Smt. Indirabai and another V Smt. Pratibha Thakre 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 R.S. Nagapure, Adv for appellants.

Shri M.I. Dhatrak, Adv for resp. nos. 2, 3 and 4. CORAM : S.M. MODAK, J.

DATE : 08th JULY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate Shri Nagpure for the appellants and learned Advocate Shri Dhatrak for respondent nos. 2 to 4.

3.

This Court has already admitted the appeal on 24-10-2018 and hearing is expedited. So also as per the order dated 20-03-2018, ad-interim relief is granted in terms of prayer Clause(a). There is a request to continue the same till disposal of the present appeal. There is a request on behalf of learned Advocate Shri Dhatrak to stay the execution of the trial Court decree also. 4.

It is true that the trial Court has decreed the partition suit of the present appellants and dismissed the counterclaim about specific performance. Whereas the First Appellate Court has reversed the partition decree and

CA 161.18.

2/2 allowed the specific performance relief. If stay to the specific performance decree is continued the respondent nos. 2 to 4 apprehend that the plaintiff may execute the partition decree. Even though the possibility is remote, the interest of respondent nos. 2 to 4 also needs to be protected. Hence, ad-interim relief granted in terms of the order dated 20-03-2018, is continued till final disposal of this appeal. It is also made clear that the present appellants will not execute the trial Court decree about the partition.

5.

Application is disposed of.

Civil Application (S) No.162/2018 Filing of certified copy of the memo of Second Appeal is dispensed with.

Second Appeal No.60/2018 Six weeks time is granted to the appellants to file private paper book.

JUDGE Deshmukh