Manohar S/O Shriram Metkar vs Kasturi W/O Labdu @ Babulal Metkar
2016 Latest Caselaw 2987 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH




                                                                                           
                              NAGPUR.

                      WRIT    PETITION     NO.    4856    OF     2015




                                                                   
    Manwar Shriram Metkar,
    aged 46 yrs., Occu. Agriculturist




                                                                  
    R/o Duni, Tq. Dharni, Distt.
    Amravati.                                                            PETITIONER.




                                                     
                                            VERSUS

    Kasturi w/o Labdu @ Babulal
    Metkar aged 77 yrs. Occu. 
                                    
    Agriculturist, R/o Duni, Tq. Dharni, 
                                   
    Distt.  Amravati.                                                    RESPONDENT.

Shri R. S. Kalangiwale, Advocate for the petitioner. Smt. S. W. Deshpande, Advocate for the respondent.

                              CORAM :     A. S. CHANDURKAR  J.
                                    Dated    :   JUNE  22, 2016.





    ORAL JUDGMENT: 


                 Rule.     Heard   finally   with   consent   of   learned   counsel   for   the

parties. The petitioner is aggrieved by the order dated 21.04.2015 passed by

the Appellate Court by which the application for stay to the execution of the

decree passed in favour of the respondent came to be rejected.

2] The respondent is the original plaintiff who has filed Regular Civil

Suit No. 8 of 2008 for cancellation of gift deed dated 22.01.2004. The suit

wp4856.15

was decreed by judgment dated 27.01.2015. The petitioner has filed an

appeal and in said appeal the application for stay came to be rejected by

holding that the gift deed in question had been cancelled. On 02.09.2015

while issuing notice to the respondent, the execution of said decree passed

by the trial Court was stayed. Considering the fact that appeal is pending

before the Appellate Court the interests of justice would be served by

directing the Appellate Court to decide the said appeal expeditiously and by

continuing the ad-interim relief.

Accordingly the following order :

The proceedings in Regular Civil Appeal No. 33 of 2015 are

expedited and the appeal shall be decided by the end of September 2016.

The Appellate Court may not grant unnecessary adjournments in the appeal.

The ad-interim interim relief granted on 02.09.2015 shall

continue to operate during pendency of the appeal. However, this will be

without prejudice to the rights and contentions of the respondent herein.

The appeal shall be decided on its own merits without being influenced by

this order. Rule is made absolute in aforesaid terms. No costs.

JUDGE

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