Sunandabai Patilbuwa Rakshe v. Maruti Yashwant Rakshe

LSP 1 11 wp 14705.24 operative.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 14705 of 2024 Smt. Sunandabai Patilbuwa Rakshe ...

Petitioners.

V/s.

Shri Maruti Yashwant Rakshe ...

Respondents.

Mr. Surel Shah, Senior Counsel a/w. Vikas Shivarkar a/w. Mr. J.D.

Khairnar Advocate for the Petitioner Digitally signed by LATA SUNIL PANJWANI Date:

2024.10.25 17:23:15 +0530 CORAM : S.M. MODAK, J LATA SUNIL PANJWANI DATE : 23 October 2024.

P.C. :

For the reasons separately recorded which is under typing, following order is passed:- OPERATIVE ORDER (i) The order dated 24 July 2024 passed by the Court of District Judge, Vadgaon, Dist.Maval in Civil Misc. Application No.50/2023 is set aside.

(ii) Stay is granted to the proceedings to the Regular Darkshast No.6/20 till disposal of Civil Misc. Application. (iii) The stay is granted subject to furnishing undertaking by judgment debtor not to indulge into an act otherwise than

LSP 2 11 wp 14705.24 operative.doc due process of law so as to obstruct the possession of the decree-holder.

(iv) The undertaking be filed within three weeks before the Executing Court. This undertaking is considered as without prejudice to her rights to argue the civil appeal. (v) The hearing of the Civil Misc. Application is expedited. (vi) The Writ Petition stands disposed of.

(S.M. MODAK, J.)