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Bombay High CourtCAS/500/2016ca disposed off

Ramchandra S/O Manku Kulmethe And Another v. Smt. Laxmibai Kawduji Ade (Dead) And Others

2017-08-08Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 808cas500.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.500 OF 2016 IN SECOND APPEAL NO.242 OF 2016 RAMCHANDRA S/O MANKU KUDMETHE AND ANR.

VS SMT. LAXMIBAI KAWDUJI ADE (DEAD AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. S. Dhore, Advocate for the appellants. CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 08, 2017.

By this application, it is prayed that the decree passed by the appellate Court be stayed during pendency of the appeal. The appellate Court by the impugned judgment has partly allowed the appeal and has maintained the decree passed by the trial Court for delivery of possession. While issuing the notice of this application, the possession of the applicants was directed to be protected. The respondent nos.2 and 4 are duly served, but there is no appearance on their behalf. Hence, the application is disposed of by directing the parties to maintain status quo with regard to possession of the suit property during pendency of the appeal.

Civil application is disposed of.

SECOND APPEAL NO.242 OF 2016.

Time of four weeks is granted by way of last chance to

2 808cas500.16 bring on record legal heirs of respondent nos.1 & 3. If no steps are taken, the appeal shall stand abated against said respondents. JUDGE /MULEY/