Deepak Govindrao Kamble v. Abbasmiyan Kakhimiyan Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No.7 of 2016 IN Second Appeal No. 1 of 2016 [Deepak Govindrao Kamble Vs. Abbasmiyan Khakimiyan Pathan] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mrs. S.W. Deshpande, Adv., for the applicant. Mr. D.U. Thakre, Adv., for respondent.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

21st August, 2017 By this application, it is prayed that the judgment of the appellate Court partly allowing the appeal be stayed during pendency of the Second Appeal.

As per that decree, the appellate Court has modified the directions issued by the trial Court and reduced the area of encroachment than what was declared by the trial Court.

The application is opposed by the respondent by filing reply.

Considering the nature of decree as passed and as the appeal has been admitted, the execution of the judgment of the appellate Court shall remain stayed

during pendency of the appeal. It is clarified that if any construction is made by the original defendant on the area admeasuring 16.48 square meters, same would be subject to the result of the Second Appeal.

Civil Application is disposed of.

Judge ||hedau|