Bombay High CourtCAS/32/2016ca disposed off

Pravin S/O. Vinayakrao Kotambkar And Others v. Smt. Prabhabai Wd/O. Bhaskarrao Kotambkar

2017-08-11Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 1108cas32.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.32 OF 2016 IN SECOND APPEAL NO.9 OF 2016 PRAVIN S/O VINAYAKRAO KOTAMBKAR AND OTHERS VS SMT. PRABHABAI WD/O BHASKARRAO KOTAMBKAR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amol Mardikar, Advocate for the appellants. Shri A. M. Gedam, Advocate for the respondent. CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 11, 2017.

By this application, it is prayed that the execution of the decree passed by the trial Court directing the appellants herein to deliver possession of the suit fields be stayed during pendency of the appeal. It is submitted that the appellants are in possession and as the appeal has been admitted, the execution of the decree may be stayed. On 27-6-2017, time of four weeks was granted to the respondent to file reply. No reply has been filed on record.

As the appellants are in possession, the execution of the decree shall remain stayed during pendency of the

2 1108cas32.16 appeal. Further none of the parties shall create any third party rights in the suit property.

Civil application is disposed of.

JUDGE /MULEY/