Bhaskar Narayanrao Ghuge And Another v. Sau. Kamlabai Madhavrao Ghuge And Others

2024:BHC-NAG:10030 37.sa.343.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.912 OF 2022 IN SECOND APPEAL NO.343 OF 2022 Bhaskar Narayanrao Ghuge & Ors. .Vs. Sau. Kamlabai Madhavrao Ghuge & Ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.S. Kurekar, Advocate for appellants.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 05/09/2024 1.

This is an application under Order 41 Rule 5 of the Code of Civil Procedure for staying the judgment and decree of the trial Court.

2.

Heard learned advocate for the appellants.

3.

Perused the application.

4.

The trial Court has decreed the suit for possession. However, considering all these facts and considering peculiar set of facts, it would be proper to stay the judgment of the trial Court. Hence, the following order : 5.

Issue notice to the respondents, as to why the execution of judgment and decree of the trial Court shall not be stayed.

6.

Meanwhile there shall be interim stay in terms of prayer clause (i).

CIVIL APPLICATION (CAS) NO.913 OF 2022 7.

This is an application for dispensation of the certified copy of the judgment.

C.L. Dhakate

37.sa.343.22.odt 8.

For the reasons stated in the application, the application is allowed.

9.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate