Kantabai Mohanlal Chaudhari v. Kesarbai Mohanlal Chaudhari

1 33-CAO739-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 739 OF 2024 IN M.C.A.ST. NO.12419 OF 2024 IN SECOND APPEAL NO.37 OF 2016 (D) KANTABAI WD/O MOHANLAL CHAUDHARI Vrs.

KESARABAI MOHANLAL CHAUDHARI AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. G. Karmarkar, Advocate for applicant. CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/07/2024.

1.

This is an application for condonation of delay of 920 days caused for filing restoration application of appeal.

2.

Heard learned counsel for both sides.

3.

Perused the application.

4.

Issue notice to the respondents.

CIVIL APPLICATION (CAS) NO. 108 OF 2016 5.

This is an application for grant of stay to the execution of the impugned Judgment and Decree. 6.

Learned Advocate for the applicant submitted that the very purpose of filing of this appeal would frustrate, if the impugned Judgment and decree is not stayed.

7.

Considering the urgency and peculiar set of facts, it would be proper to grant stay to the execution of

2 33-CAO739-24.odt impugned Judgment and decree of the Appellate Court till the appearance of respondents and filing their reply, if any. 8.

Applicant is directed to comply the procedure under Order 39 Rule 3 of the Code of Civil Procedure and submit an affidavit of complaince in this Court within a week.

9.

Stand over after two weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 09/07/2024 10:53:18