Chandrabhaga Hanmant Javalkar ... vs Vijay Bhimana Ekunde
2021 Latest Caselaw 3067 Bom

                                                                                      mentioned-cra-548-2019


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                           CIVIL REVISION APPLICATION NO.548 OF 2019

                            Chandrabhaga Hanmant Javalkar                          ..Applicant
                                  Vs.
                            Vijay Bhimanna Ekunde                                  ..Respondent
                                                            ----
                            Mr.Anand S. Kulkarni for the Applicant.

                            Mr.Prasad P. Kulkarni for the Respondent.
                                                              ----
                                                            CORAM : C.V. BHADANG, J.

                                                                 DATE    : 16th FEBRUARY 2021

                            P.C.
         Digitally signed
Nilam    by Nilam Kamble

Kamble   Date: 2021.02.16
         17:21:19 +0530

1. Not on board. Taken on board, as mentioned on behalf

of of the applicant for continuation of the ad-interim relief.

2. I have heard the learned counsel for the applicant and

the learned counsel for the respondent.

3. The record discloses that on 23 rd September 2019, this

Court while issuing notice to the respondent had directed that no

further steps shall be taken in execution of the judgment and decree

passed by the Courts below. That order was continued from time to

time. The learned counsel for the respondent points out that there

was no extension after 01st February 2021 till today. He also points

N.S. Kamble page 1 of 2 mentioned-cra-548-2019

out that the possession warrant has been executed, which aspect is

disputed by the learned counsel for the applicant.

5. At this stage it is not possible to ascertain/verify

whether indeed the possession warrant is executed or not. However,

having regard to the fact that the interim relief was operating

earlier, it is directed that there shall be ad-interim stay of the

delivery of possession, if the warrant is already not executed. It is

made clear that the said stay will not operate if the warrant is

already executed. This order is passed in the presence of the

learned counsel for the parties at 4.15 p.m. Stand over to 09th March

2021.

C.V. BHADANG, J.

     N.S. Kamble                                                page 2 of 2