Shri. Maula Abdul Mulla Thr. Power Of Attorney Mohammedali Maula Mulla v. Gulamdastgir Jainuddin Sayyad Chikodikar(Decd.Thr.Lrs) Smt. Mumtaj G. Dastgir Sayyad Chikodikar

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.09.26 14:49:48 +0530 VARSHA VIJAY RAJGURU 11-sa-188-2024-ia-1377-2023++.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 188 OF 2024 WITH INTERIM APPLICATION NO. 1377 OF 2023 Shri Maula Abdul Mulla through Power of Attorney Mohammedali Maula Mulla ... Appellant/Applicant vs.

Gulamdastgir Jainuddin Sayyad Chikodikar (Decd. Thr Lrs) Smt. Mumtaj G. Dastgir Sayyad Chikodikar and Ors ... Respondents Mr. Suresh M. Kamble for Appellant/Applicant. Ms. Stefy J. Dias i/b. Mr. Umesh R. Mankapure for Respondent nos. 1/2 to 1/5.

CORAM : GAURI GODSE, J.

DATED : 23rd SEPTEMBER 2024 ORDER:

INTERIM APPLICATION NO. 1377 OF 2023 .

1.

Second Appeal is already admitted. Interim Application is for stay to the execution of the impugned decree for possession. Notice of the application is already served upon respondents and they are represented through their advocate. Since, the impugned decree is for possession, the same is required to be stayed during the pendency of the second appeal. Hence, during the pendency of the Page no. 1 of 2

11-sa-188-2024-ia-1377-2023++.doc second appeal, there will be interim stay in terms of prayer clause(a).

2.

During the pendency of the second appeal, the applicant shall not create any third party interest or part with possession of the suit property.

3.

Interim Application is allowed in the aforesaid terms. (GAURI GODSE, J.) Page no. 2 of 2