M/S. Gandhi Sales Corporation, Thr. Proprietor, Shri. Pramod Kumar Gandhi And ANR. v. M/S. Yash Parivahan, Thr. Proprietor, Nagpur

2024:BHC-NAG:10311 42.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5446 OF 2024 M/S. GANDHI SALES CORPORATION, THR. PROPRIETOR, SHRI. PRAMOD KUMAR GANDHI AND ANR.

VERSUS

M/S. YASH PARIVAHAN, THR. PROPRIETOR, NAGPUR ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R. Prasad, Advocate for the Petitioner/s

CORAM

: ANIL S. KILOR, J.

DATE : 12.09.2024 1.

Heard.

2.

The learned counsel for the petitioners fairly states that appeal under Section 96 of the Code of Civil Procedure (CPC) against the impugned judgment and decree dated 20.07.2023 passed by 2nd Joint Civil Judge Senior Division, Nagpur in Special Civil Suit No.31 of 2013, partly decreeing the suit directing the defendants/petitioners to pay Rs.17,38,144/- along with interest, is pending.

3.

It is pointed out that though the application for stay was filed along with the appeal memo, there is no decision on the said application till date, which compelled the petitioners to file the present writ petition.

4.

In light of the above referred submissions, I am of the opinion that for the ends of justice, if directions are issued to the nd.thawre

42.odt learned Appellate Court to decide the application filed by the petitioners for grant of stay, a purpose would be served. 5.

Accordingly, writ petition is disposed of with a direction to the learned Appellate Court to decide the application for stay filed by the petitioners, within a period of four weeks from today, in accordance with law.

[ANIL S. KILOR, J.] nd.thawre