Mr. Dnyaneshwar Vishram Hargude vs Shri. Ravindra Chandrao Khopade ...
2021 Latest Caselaw 2408 Bom

                                                                   32.7111.19 wp.doc

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

                                WRIT PETITION NO. 7111 OF 2019

      Mr. Dnyaneshwar Vishram Hargude                             ....Petitioner

              V/s.

      Shri. Ravindra Chandrao Khopade and Ors                     .....Respondents

      Mr. Abhishek R. Avachat for the Petitioner
      Mr. Vilas Tapkir for Respondents


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     FEBRUARY 5, 2021.

      P.C.:

      1]      Admittedly against the Decree passed in Special Civil Suit No.

403 of 2012, original Plaintiff has also preferred an Appeal in which

there is an interim relief operating in his favour.

2] As far as the present Petition is concerned, First Appellate Court

refused to grant interim relief in favour of Defendant No. 1 i.e. the

Petitioner herein.

3] Fact remains that that Appeal against Judgment and Decree

32.7111.19 wp.doc

preferred by the respective parties are pending adjudication for last

about more than one year.

4] In that view of the matter, even as regards execution of the

Judgment and Decree against the Petitioner is concerned, this Court

directs that operative part of the impugned Judgment and Decree of

the Trial Court dated 06/02/2019 particularly clause (6) is concerned,

parties are in agreement that they shall maintain status-quo as on

today.

5] With above observations, Petition stands disposed of.

6] Pursuant to a joint request made by the parties, the Appeals

initiated by Petitioner and Respondent be clubbed together and an

endeavour be made to decide the same fnally within period of one

year from today. Parties hereto assure that they shall co-operate in

expeditious disposal of Appeals.

[NITIN W. SAMBRE, J.]