Ajay S/O Sambhaji Khot And Others v. Smt. Savita W/O Udaybhan Chachda

2025:BHC-NAG:142 This Order is Speaking to Minutes order of order dated // 15 WP-78-2025 corrected

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (W) NO.31 OF 2025 IN WRIT PETITION NO.78 OF 2025 [Ajay Sambhaji Khot and Ors. ..vs.. Savita Udaybhan Chachda] __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. B. Mohta, Advocate for Petitioners.

CORAM

: ANIL L. PANSARE , J.

DATE : 7 th JANUARY, 2025.

1.

Heard.

2.

For the reasons set out in the application, the application is allowed and disposed of. The amendment be carried out forthwith.

WRIT PETITION NO.78 OF 2025 3.

The petitioners/appellants before the First Appellate Court is seeking modification of order dated 11.12.2024 directing petitioners to file private paper-book. 4.

Learned counsel for petitioners submits that the Corrected as per Court's order dated 13/1/2025 - replaced word 'said' by 'stay' in line no.3 of paragraph 4 and in line nos. 3 and of paragraph 5.

petitioners are willing to file private paper-book, but the First Appellate Court is not ready to hear the stay application until private paper-book is filed on the ground that the appeal is defective for want of private paper-book.

5.

I do not find any reason to modify the order dated 11.12.2024 which the petitioners are willing to comply with. So far as the aspect of hearing the stay application pending

This Order is Speaking to Minutes order of order dated // 15 WP-78-2025 corrected filing of private paper-book is concerned, I have not come across any provision of law that would prevent the First Appellate Court from hearing the stay application before filing private paper-book.

6.

With the above clarification, the writ petition is dismissed.

JUDGE TAMBE