Sou. Mahananda Sadashiv Thakura ... vs Shri. Laxman Dattu Sawant
2017 Latest Caselaw 6240 Bom

                                                                  (13) WP-5046-13


Sarnobat
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 5046 OF 2013

      Sou. Mahananda Sadashiv Thakur,
      and Anr.                                                      .. Petitioners
            Vs.
      Shri Laxman Dattu Sawant.                                     .. Respondent


      Mr. Prashant Bhawke, Advocate for the Petitioners.
      Mr. S. G. Thorat, Advocate for the Respondent.

                                          CORAM : M. S. SANKLECHA, J.

DATE : 16th AUGUST, 2017.

P. C. :

1. This petition challenges the order dated 20th October, 2012

passed by the District Judge, Kolhapur. The impugned order dated 20 th

October, 2012 rejects the petitioners application to stay the judgment and

decree dated 6th February, 2012 passed by the Civil Judge Jr. Division,

Ajara.

2. This court while issuing a notice for admission by order dated

13th November, 2013 has stayed the judgment and decree dated 6 th

February, 2012 by the trial court which was the subject of challenge before

the appellate court, till final disposal of this petition. However, the court

clarified that the stay to the judgment and decree dated 6th February, 2012

of the trial court would not be an impediment in the appellate court to

decide the appeal before it.

3. The learned counsel for the parties state that the appeal from

(13) WP-5046-13

the order dated 6th February, 2012 is now at the final stage and the appeal

is now adjourned to 28th August, 2017 for final argument.

4. In the above view, the judgment and decree dated 6 th

February, 2012 passed by the Civil Judge, Jr. Division, Ajara is the subject

of appeal before the District Judge, which is likely to be decided in the very

near future. Therefore, it would meet the ends of justice if the stay to the

judgment and decree dated 6th February, 2012 by the trial court is

continued till the final disposal of the appeal by the appellate court.

5. In the above view, the petition is disposed of with aforesaid

terms. No order as to costs.

[ M. S. SANKLECHA, J. ]