Champalal Bhairulal Khatod (Deceased) Thr. His Lrs. v. Satish S/O Keshrimal Baheti And Another

2025:BHC-NAG:6516 45 wp 4923.23.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4923 OF 2023 Champalal Bhairulal Khatod since dead thr. His L.R.s Vs.

Satish s/o Keshrimal Baheti and another _________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.J. Thakkar, Advocate for the petitioners. Mr. S.J. Mohta, Advocate for the respondents. CORAM : SACHIN S. DESHMUKH, J.

DATE : 08/07/2025 Heard learned counsel for the respective sides. 2.

The objection principally is raised to the order dated 09.02.2023 rendered by the District Judge-1, Washim, in Reg. Civil Appeal No.70/2022, by which, during pendency of the appeal, the application below Exh.5 is allowed and the execution of the decree under challenge is stayed till the final decision of this appeal. 3.

Considering the fact that a substantial appeal presented by the respondents is pending consideration, as such it would be rather appropriate to grant stay to the decree, which is the subject matter of appeal. Therefore, no error could be noted in the order under challenge. As such, the petition fails, and accordingly, the petition is dismissed. (SACHIN S. DESHMUKH, J.) manisha