Ramesh S/O Narayan Shirbhate v. Girijabai Ashokrao Chopkar

21.01.cas.369.17

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NO. 369/2017 IN SECOND APPEAL NO. 397/2017 (Ramesh s/o Narayan Shirbhate vs. Girijabai Ashokrao Chopkar ) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mrs.S.W. Deshpande, Adv.for applicant/appellant Mr. K.N.Dadhe, Adv. for respondent CORAM : MRS.SWAPNA JOSHI, J.

DATED : 21st January, 2019.

Heard.

This is an application under Order 41 Rule 5 of the Civil Procedure Code for grant of stay.

Learned counsel for the applicant submits that the possession of the house property is with the applicant. The learned counsel for respondent has not disputed the said fact. Hence, the effect and operation of the judgment and decree passed by Additional District Judge-1 Amravati in RCA No.89/2010 and the execution proceedings in R.D. No.11/2016 pending before the learned Civil Judge, J.D. Court No.1 Morshi, dist. Amravati, is hereby stayed, till disposal of this Appeal. The Civil Application is allowed and disposed of. JUDGE sahare