Sadashiv Keshav Dabholkar v. Ratnakar Atmaram Dabholkar And ANR.,

2025:BHC-GOA:495 CA 29 of 2024 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.29 OF 2024 IN SECOND APPEAL NO.21 OF 2024 SADASHIV KESHAV DABHOLKAR ... APPLICANT

Versus

RATNAKAR ATMARAM DABHOLKAR AND ANR., ... RESPONDENTS Mr D. Lawande and Mr Chirag Angle, Advocates for the applicant. Mr Sudin Usgaonkar, Senior Advocate with Ms D. Parab, Advocate for respondents.

CORAM:- BHARATI H. DANGRE, J.

DATED :- 18th March, 2025 P.C.:

1. The present application is taken out seeking a stay of the execution, operation and implementation of the impugned judgment and decree dated 10.11.2023 passed in Regular Civil Appeal No.29/2017 and for staying the judgment and decree dated 03.03.2017 passed by the Civil Judge, Junior Division at Pernem in Regular Civil Suit No.54/2007.

2. Heard learned counsel for the applicant on the Misc. Civil Application which is strongly opposed by learned Senior Counsel appearing for the respondents. Since today the appeal is admitted on the substantial questions of law and the appeal will be heard in its due 18th March, 2025

CA 29 of 2024 course, the stay is prayed for, on the premise that the applicant is a senior citizen and residing with family members in the residential house since 2007. The application is accompanied by photographs of residential premises and its existence in this state is not disputed by the learned Senior Counsel for the respondents. In the wake of above during the pendency of the appeal, the applicant deserves to be protected as the residential house is the subject matter of the present proceedings. The application is allowed in terms of prayer clause (a). BHARATI H. DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 18/03/2025 21:19:06 18th March, 2025