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Bombay High CourtCAW/2109/2017ca disposed off

Mr. Babulal S/O Shivram Arjapure v. Satyanarayan S/O Champalalji Pottddar And Others

2017-09-14Hon'Ble Shri Justice S.C. Gupte2 pages

1 wp6009.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.2109/2017 IN WRIT PETITION NO.6009/2017 Mr. Babulal S/o Shivram Arjapure ..Vs..

Satyanarayan S/o Champalalji Pottddar 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 S.P. Bodalkar, Adv. for the petitioner.

CORAM : S.C. GUPTE, J.

DATE : 14.9.2017.

Learned counsel for the petitioner tenders an application for amendment of the petition. The application seeks to add a paragraph and a prayer, namely, para 7A and prayer clause 2A. The petition challenges a judgment and decree passed by the District Court confirming a judgment and decree passed by Small Causes Court, Nagpur in a regular civil suit. During the pendency of this petition, execution proceedings have been taken out by the judgment creditors, who are respondents to the present petition. The petitioner proposes to include averments concerning those execution proceedings and seeks to add a prayer for stay of execution. The amendment application is allowed. Amendment to be carried out within a week.

2 wp6009.17 WRIT PETITION NO.6009/2017 Issue notice to the respondents.

Let an amended copy of the petition be served on the respondents, with returnable date as 9th October, 2017.

In the meantime, till the next date, there will be stay of execution of the impugned orders dated 16th June, 2017 and 6th June, 2016 passed, respectively, by the District Court and Small Causes Court at Nagpur. JUDGE Tambaskar.