Bombay High CourtWP/6059/2014dismissedrule discharged

Chief Executive Officer, Zilla Parishad Amravati And Another v. Kulswamini Samajik Va Gramin Vikas Bahuuddeshiya Sanstha Through Pre., Dr. Raju Kanerkar And Anothe

2015-05-08Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6059/2014 Chief Executive Officer, Zilla Parishad, Amravati and another ..Versus..

Kulswamini Samajik Va Gramin Vikas Bahuuddeshiya Sanstha and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 8.5.2015 Heard Shri J.B. Kasat, the learned advocate for the petitioners, Shri S.J. Kadu, the learned advocate for respondent no.1 The petitioners/defendants take exception to the order passed by the District Court rejecting the application filed by the petitioners praying that the execution of the judgment and decree passed by the trial Court be stayed.

The petitioners are seeking stay to the execution of the money decree passed by the trial Court directing the petitioners and the respondent no.2 to pay Rs.35,500/- with interest. The learned trial Judge has rejected the application on the ground that the petitioners have not been able to make out any case for grant of stay to the execution of the money decree. The impugned order does not suffer

2 wp6059.14 from any patent illegality or irregularity which necessitates the interference by this Court in the extraordinary writ jurisdiction. The writ petition is dismissed with costs quantified at Rs.1,000/- (Rs. One Thousand Only) to be paid by the petitioners to the respondent no.1, failing which the District Court shall pass appropriate orders considering it to be non-compliance of the order passed by this Court. The petitioners have deposited Rs.15,000/- before the District Court. The District Court shall pass appropriate orders in the matter after hearing the concerned parties.

JUDGE Tambaskar.