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Bombay High CourtCAS/799/2017admittedallwdgrantedrule absolute

Bharat Raghunath Lanjewar And 4 Others v. Raghunath W/O Kisan Lanjewar And Another

2018-07-02Hon'Ble Shri Justice A.S. Chandurkar1 pages

2-CAS-799-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.799 OF 2017 IN SECOND APPEAL NO.308 OF 2012 Bharat Raghunath Lanjewar -vsRaghunath s/o Kisan Lanjewar and anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. C. Marpakwar, Advocate for appellant/applicant. CORAM : A.S.CHANDURKAR, J.

DATE : July 02, 2018 By this application it is prayed that the execution proceedings filed by the respondents be stayed during pendency of the appeal.

The trial Court partly decreed the suit and granted relief of declaration that the plaintiffs had 1/8th share in the suit property. It is submitted that in view of that decree the execution proceedings have been filed. The respondents have been duly served. There is no appearance on their behalf. As the appeal has been admitted, execution of the decree shall remain stayed during pendency of the appeal. The appellant shall not create any third party rights in the suit property. Civil Application is allowed and disposed of. JUDGE Asmita