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Bombay High CourtMCA/1077/2024allowed

Shri. Sanjeevkumar Prasad And Another v. Tarabai Wd/O Munnalal Hasore(Hasoriaya) Dead Thr Her Legal Heirs Sham Mohanlal Hasore

2025-03-28Hon'Ble Shri Justice Rohit Wasudeo Joshi1 pages

2 MCA-1077-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (RESTO) NO.1077 OF 2024 IN SECOND APPEAL NO.431 OF 2023 (D) [Shri Sanjeevkumar Prasad and Anr. ..Vs.. Tarabai Wd/o Munnalal Hasore (Hasoriaya) Dead thr LRs. and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. S. Nagpure, Advocate for Applicants.

CORAM

: M. W. CHANDWANI, J.

DATE : 28 th MARCH , 2025 .

1.

Heard.

2.

The learned counsel for the applicants submits that due to dismissal of the appeal, the undertaking given by the respondent Nos.1 to 3 could not continue and now the application for restoration of second appeal has been filed. 3.

The contention is that the respondent Nos.1 to 3 are executing the decree for demolition of the house property and the notices issued are awaited. Therefore, he sought stay to the impugned decree.

4.

Considering the submission, there shall be stay to the execution of the impugned decree, till the returnable date. 5.

Stand over to 16.04.2025.

JUDGE Tambe Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 01/04/2025 10:45:03