Dr. Chittusinh Mohansinh Chauhan vs Manilal Babubhai Dhodi And Anr
2021 Latest Caselaw 4301 Bom

           Digitally signed
Jitendra   by Jitendra S.
           Nijasure
S.         Date:
Nijasure   2021.03.10
           14:51:53 +0530
                                                               39-iast-99146-2020.doc

    jsn

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                              INTERIM APPLICATION (ST.) NO.99146 OF 2020
                                                IN
                                    FIRST APPEAL NO.641 OF 2020

           Dr. Chittusinh Mohansinh Chauhan                      ...Applicant /
                                                                 Appellant

                       Versus

           Shri Manilal Babubhai Dhodi & Anr.                    ...Respondents
                                                ----------
           Mr. Nikhil Sakhardande, Senior Advocate i/b. Ashwin Thool
           and Akshay Mehta for the Appellant.
           Mr. Sanjiv Sawant with Abhishek Matkar, i/b. Abhishek
           Deshmukh for Respondent No.1.
                                                ----------

                                                CORAM :        K.K. TATED &
                                                               R.I. CHAGLA, JJ.
                                                DATE         : 9TH MARCH, 2021

           ORDER :

1. Heard learned Counsel for parties.

2. By this Interim Application, the Applicant (Original

Defendant) is seeking stay to the operation and implementation

of the judgment and decree dated 28th January, 2020 passed

by the Civil Judge, S.D., Dadra Nagar Haveli, Silvassa in Special

Civil Suit No.45 of 2011.

3. Learned Counsel Mr. Sawant appearing on behalf of

Respondent No.1(Original Plaintiff) seeks some time to fle

39-iast-99146-2020.doc

their Affdavit in Reply. In view of this following order is

passed:-

a) The Applicant is directed to serve Respondent No.2 by

private notice along with entire proceeding either by RPAD or

Hand Delivery and fle Affdavit of Service to that effect on or

before 19th March, 2021.

b) Respondent No.1 to fle their Affdavits in Reply on or

before 16th March, 2021 with copy to other side.

c) Affdavit in Rejoinder, if any, to be fled on or before

19th March, 2021 with copy to other side.

d) Matter to appear on board on 23rd March, 2021.

4. After passing this order, learned Senior Counsel Mr.

Sakhardande appearing for the Applicant / Appellant upon

instructions seeks to delete the name of Respondent No.2 Shri

Jagdish L. Pathak from the cause title of the present Interim

Application. Same is permitted. Amendment to be carried out

within course of the day.

     [R.I. CHAGLA J.]                  [K.K. TATED, J.]