Purushottam Bapu Nachankar And ORS. v. Rajesh Anant Nachankar And ORS.

31-sa-267-2016.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.267 OF 2016 Digitally signed by SONALI MILIND PATIL Date:

2023.04.10 14:19:24 +0530 SONALI MILIND PATIL Purushottam Bapu Nachankar & Ors.

...Appellants

Versus

Rajesh Anant Nachankar & Ors.

...Respondents

Mr. Abhishek Matkar, Mr. Sanjiv Sawant, for the Appellants. Mr. Rakesh Bhatkar, for Respondent Nos. 1, 3 to 5. CORAM : MADHAV J. JAMDAR, J.

DATED : 31st MARCH 2023 P.C. :

1.

Mr. Abhishek Matkar, learned counsel appearing for the Appellants states that this Court has dismissed the above Second Appeal by order dated 30th November 2022. As the Appellants were intending to challenge the order passed by this Court, the Second Appeal was moved on 27th February 2023 seeking protection till 31st March 2023 and by order dated 27th February 2023, this Court requested the learned Executing Court to grant suitable adjournment till 31st March 2023. 2.

Mr. Matkar, learned counsel appearing for the Appellants 1/2

31-sa-267-2016.doc Sonali pointed out that inspite of the said order, the learned Executing Court passed order dated 14th March 2023 below Exhibit-58 in F.D. Application No.18 of 2015 and appointed the Court Commissioner. Mr. Matkar states that SLP is already filed and it will be listed on 10th April 2023.

3.

Therefore, order dated 14th March 2023 passed by learned Civil Judge, Senior Division, Ratnagiri below Exhibit-58 in F.D. Application No.18 of 2015 be not implemented till 30th April 2023, subject to order, if any, passed in said SLP. 4.

However, it is made clear that hereafter no application seeking protection will be entertained.

[MADHAV J. JAMDAR, J.] 2/2