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Bombay High CourtAO/805/2024disposed off

Smt. Lata Sayanna Elmal And Others v. Mr. Vinod Kumar Nagabathula And Another

2024-11-19Hon'Ble Shri Justice M. M. Sathaye2 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2024.11.21 12:40:20 +0530 ANANT KRISHNA NAIK 24.AO.805.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 805 OF 2024 WITH INTERIM APPLICATION NO. 14719 OF 2024 IN APPEAL FROM ORDER NO. 805 OF 2024 Smt. Lata Sayanna Elmal And Others ...Appellants

Versus

Mr. Vinod Kumar Nagabathula And Another

...Respondents

*** Mr. Sandeep Sharma i/b. Thakordas and Madgavkar for Appellants Mr. Satyavan N. Vaishnav a/w. Ms. Nupur J. Kukherjee, Ms. Jasmine Sabharwal i/b. M/s. N.N. Vaishnawa & co., for Respondents *** CORAM :

M. M. SATHAYE, J.

DATED :

19th NOVEMBER 2024 P.C.:

1.

Heard learned Counsel for the Appellants and learned Counsel for the Respondents.

2.

The impugned order is an order by which the Application under order 9 Rule 13 filed by the Appellants is dismissed. It is submitted by learned Counsel for the Appellant that ex-parte decree directing the Appellants to hand over the vacant and peaceful possession of the suit property, is being executed and the next date is 21/11/2024.

3.

Learned Counsel for the Respondents fairly states, on instructions, from his clients, that the execution will not be pressed, but only for a period akn 1/2

24.AO.805.2024.doc of two weeks from today, so that the Appeal from order can be heard finally. 4.

Stand over to 03/12/2024. It is clarified that above statement made today will not be automatically extended.

(M. M. SATHAYE, J.) akn 2/2