Wamanrao Mahadevrao Manwatkar ... vs Rajabhau Wamanrao Manwatkar And ...
2021 Latest Caselaw 3161 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                     944 SECOND APPEAL NO.33 OF 2021
                                   WITH
                    CIVIL APPLICATION NO.1011 OF 2021
                              IN SA/33/2021

             WAMANRAO MAHADEVRAO MANWATKAR DIED LRS.
                SHALUBAI KASHINATH DODE AND OTHERS
                              VERSUS
             RAJABHAU WAMANRAO MANWATKAR AND OTHERS

                                    ...
               Advocate for Appellants : Mr. Aakash D. Gade
            Advocate for Respondent No.1 : Mr. S. S. Deshmukh.
                                    ...

                                    CORAM :   SMT.VIBHA KANKANWADI, J.

                                    DATE :    17-02-2021.

OPERATIVE ORDER :

1.      Heard both sides.

2. Second Appeal No.33 of 2021 is admitted.

3. Civil Application No.1011 of 2021 is partly allowed.

4. Stay is granted to the effect of operation, execution and

implementation, if any, in respect of Judgment and order dated 08-10-

2020 in Regular Civil Appeal No.99 of 2014 passed by learned District

Judge-2, Ambajogai Dist. Beed, and Regular Darkhast No.06 of 2015,

arising out of the Judgment and Decree dated 29-09-2014 passed by

2 SA33-2021, CA 1011-2021

learned Civil Judge Junior division, Ambajogai in Regular Civil Suit

No.76 of 2003, to the extent of suit properties i.e. land Gut No.68

admeasuring 3 H 1.5 R, land Gut No.22 admeasuring 20 R at village

Salunkwadi and House property in Ward No.11 bearing

Grampanchayat House No.38/2 of village Ghatgnandur, ( i.e. Clause

No. i and ii in the operative order of Judgment in Regular Civil Suit

No.76 of 2003 by Joint Civil Judge Junior Division, Ambajogai, dated

29-09-2014).

5. It is clarified that, there is no stay to the partition and

separate possession of the other suit properties described in Clause

No.3 in the said decree.

Reasons to follow.

(SMT. VIBHA KANKANWADI) JUDGE

vjg/-