Bajirao Nanasaheb Barhate And ... vs Balasaheb Nanasaheb Barhate And ...
2021 Latest Caselaw 1728 Bom

                                    1            918-WP-1524-2021.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    918 WRIT PETITION NO. 1524 OF 2021

           BAJIRAO S/O NANASAHEB BARHATE AND OTHERS
                                 VERSUS
          BALASAHEB S/O NANASAHEB BARHATE AND OTHERS
                                   ......
               Advocate for Petitioners : Mr. Lavte Amar V.
             AGP for Respondent-State : Mr. S. B. Pulkundwar
                                    .....

                                  CORAM : V. K. JADHAV, J.

DATED : 27TH JANUARY, 2021

PER COURT :-

1. Learned counsel for the petitioners-original defendants

submits that being aggrieved by the judgment and decree

passed by the trial court in R.C.S. No. 219 of 2007 dated

06.08.2014, the petitioners have preferred R.C.A. No. 75 of

2014 and also submitted an application Exhibit 5 for staying

the execution and effect of the judgment and decree under

Appeal. By order dated 30.06.2018, the learned District

Judge-1 Majalgaon had stayed the execution and operation

of the judgment of the trial court till decision of the appeal.

However, the said order is qualified by clause (3) wherein

the learned District Judge has directed the present

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petitioners to cooperate in deciding the instant appeal

expeditiously within three months from the date of order,

otherwise stay will be vacated automatically. Learned

counsel submits that the petitioners are not responsible for

delay and all the while the petitioners have cooperated for

early disposal of the appeal.

2. It appears that the petitioners have not filed any

application before the first appellate court pointing out all

these factual aspects and for continuation of the said interim

order passed below Exhibit 5 dated 30.06.2018 and directly

approached this Court by filing Writ Petition.

3. Learned counsel for the petitioners at this stage seeks

leave to withdraw this Writ Petition with liberty to the

petitioners to file an application before District Judge-1,

Majalgaon in pending appeal bearing R.C.A. No. 75 of 2014

for continuation of the interim order passed below Exhibit 5

dated 30.06.2008.

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4. Leave granted. The Writ Petition is disposed off as

withdrawn with liberty to the petitioner to file an application

as mentioned above before the appellate court in the

pending appeal.

( V. K. JADHAV, J. )

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