Lahanya S/O Bapu Dharade And Others v. Smt. Jumlabai Wd/O Nago Shelki Thr. P.O.A. Tukdya S/O Nago Shelki

917-SA-391-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.391 OF 2017 Lahanya s/o Bapur Dharade and ors.

-vsJumlabai wd/o Nag Shelki, Ramtek, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. R. Johrapurkar, Advocate for appellant. Shri S. D. Zoting, Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : June 15, 2018 Heard.

Admit on the following substantial question of law :

" In the light of documents at Exhibits-75 to 77 whether the appellate Court was legally justified in reversing the finding of the trial Court that the suit was barred by limitation ?"

Shri S. D. Zoting, learned counsel waives notice on behalf of the respondent.

Call for record and proceedings.

Civil Application (CAS) No.714 of 2017 By this application it is prayed that the decree passed by the appellate Court directing the applicants to hand over possession of the suit property to the nonapplicant herein be stayed during pendency of the appeal.

917-SA-391-17 2/2 The application is opposed by the learned counsel for the non-applicant on the ground that the decree has been rightly passed by the appellate Court.

As the appeal has been admitted, the execution of the decree passed by the appellate Court is stayed during pendency of the appeal. However, the applicants shall not create any third party rights in the suit property during pendency of the appeal.

Civil Application is allowed and disposed of. JUDGE Asmita