Navnath Digambar Satputeand ANR. v. Chief Executive Officer, Zilla Parishad, Solapur.

4-cas1399-10 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1399 OF 2010 IN SECOND APPEAL NO.150 OF 2011 Navnath D. Satpute & Ors.

...Applicants V/s.

Chief Executive Officer, Zilla Parishad, Solapur & Ors....Respondents Mr.Arjun Patil for the Applicants.

Mr.Vijay Killedar for the Respondent No.1.

Mr.Madhav Kulkarni i/b Mr.V.M. Thorat for the Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 4TH DECEMBER, 2015.

P.C. :- 1.

By this civil application the applicants seeks a stay of the operation of the judgment and decree dated 20th November, 2009. A perusal of the order and judgment dated 20th November, 2009 indicates that by the said order the said Ad-hoc District Judge -2 has set aside the decree of the learned trial Court by which the learned trial Judge has declared that the appellants (original plaintiffs) were entitled for possession of the suit property and had directed the defendants to hand over possession of the suit property to the plaintiffs. By the said order dated 20th November, 2009, the learned 1/2

4-cas1399-10 Ad-hoc District Judge has dismissed the suit filed by the appellants. 2.

In my view if stay of the order passed by the learned Adhoc District Judge is granted, the effect thereof would be the restoration of the decree of possession granted by the learned trial Judge. In my view, there is no merit in this civil application and is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2