Citation : 2021 Latest Caselaw 8377 Bom
Judgement Date : 23 June, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
942 SECOND APPEAL NO.244 OF 2021
WITH CA/5559/2021 IN SA/244/2021
WITH CA/5561/2021 IN SA/244/2021
HARICHANDRA NARAYAN DHAWADE
VERSUS
SAKHARCHAND NARAYAN DHAWADE AND OTHERS
...
Mr. D.R. Bhadekar, Advocate for the appellant
Mr. Kailas Jadhav, Advocate h/f Mr. A.D. Shinde, Advocate for the respondent
No.1
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 23rd JUNE, 2021. PER COURT : 1 Issue notice to the respondents, returnable on 22.07.2021.
Learned Advocate Mr. Kailas Jadhav holding for learned Advocate Mr. A.D.
Shinde waives notice for the respondent No.1.
2 It appears that all the things will have to be considered together
and all the parties to be heard, but at the same time it also appears that when
the matter was before the First Appellate Court, in order below Exh.7 in
2 SA_244_2021
Regular Civil Appeal No.335/2014 it was mentioned that the steps were
taken before the Deputy Superintendent of Land Records, Jamkhed, in view
of determination of the shares. Therefore, stay was granted to the Judgment
and decree passed in Regular Civil Suit No.41/2011 till the decision of the
appeal. When, now, all the parties are required to be heard, therefore, at
least till they are heard the same position will have to be continued and
therefore, the execution and operation of Judgment and Decree passed in
Regular Civil Suit No.41/2011 on 05.07.2014 by learned Civil Judge Junior
Division, Jamkhed, which has been then confirmed in Judgment and Decree
passed in Regular Civil Appeal No.99 of 2019 by learned District Judge-1,
Shrigonda on 06.02.2021 is hereby stayed till 22.07.2021.
3 Call Record and Proceedings.
( Smt. Vibha Kankanwadi, J. )
agd
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