Bombay High CourtCAS/846/2017ca disposed off

Maroti S/O Mahaga Bangadkar (Dead) Thr. Lrs. Purushottam S/O Maroti Bangadkar And Others v. Dewaji S/O Bhiva Wanjari And Others

2019-01-30Hon'Ble Mrs. Justice Swapna Joshi2 pages

30.01.CAS.846.17

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NO.846/2017 IN SECOND APPEAL NO. 449/2017 (Maroti s/o Mahaga Bangadkar (Dead) Through LRs and others vs. Dewaji Bhiva Wanjari and others) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. Jibhkate, Adv. for appellant/applicants Mrs. S.V. Sirpurkar, Adv.for respondents 1 to 6 CORAM : MRS.SWAPNA JOSHI, J.

DATED : 30th January, 2019.

Heard learned counsel for the respective parties. This is an Application under Order 41 Rule 5 of the C.P.C. seeking grant of stay.

Learned counsel for the applicants submits that as on today the appellants/applicants are in possession of the disputed property, so also ad-interim stay was granted by this Court on 7th August, 2017.

In view of above, there shall be stay to the judgment and decree passed by learned Civil Judge, J.D., Lakhani, Dist. Bhandara in RCS No.18/11 passed on 29.04.2014 and the judgment and decree passed by District Judge-4, Bhandara in RCA no.52/2014 passed on 13.1.2017, till the final disposal of the Appeal.

The Civil Application stands disposed of.

Both the parties submit that they would try to explore the possibility of an amicable settlement and as such they pray that the matter be referred for mediation. They also recommended the

30.01.CAS.846.17 name of Adv. J.J.Chandurkar, as Mediator.

In the circumstances, High Court Legal Services SubCommittee, Nagpur, to take steps and appoint above-named Advocate as Mediator.

Parties shall appear before the Mediator on 8.2.2019. The matter to appear on Board after four weeks. Copy of this order be sent to the High Court Legal Services Sub-Committee, Nagpur.

JUDGE sahare