Shri.Vasant Waman Wayal vs Shri.Dattatray Vitthal Wayal
2021 Latest Caselaw 5729 Bom

                                                             12-CAF-3638-2017.doc


Shailaja


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                        CIVIL APPLICATION NO.3638 OF 2017
                                         IN
                          FIRST APPEAL NO.1275 OF 2017


Vasant Waman Wayal                            ]      Applicant
           Vs.
Dattatray Vitthal Wayal                       ]      Respondent
                                 .....
Mr. Satishkumar R. Soni, for Applicant.

Mr. J. S. Kini i/b Sapna Krishnappa, for Respondent.
                                 .....

                                      CORAM : PRITHVIRAJ K. CHAVAN, J.

                                       DATE       : 30th MARCH, 2021.

P.C.


1.         This    is    an    application    seeking     stay     to     the       effect,

implementation and operation of the judgment and decree dated 28th June, 2017 passed by the learned Judge, City Civil Court, Greater Bombay in Summary Suit No.9145 of 2000.

2. This Court on 27th July, 2018 stayed execution of the impugned judgment and decree by granting ad-interim relief on a statement made by the learned Counsel for the applicant that he has deposited an amount of Rs.2,50,000/-. In fact, the impugned decree directs the applicant to pay a sum of Rs.2,83,750/- within

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12-CAF-3638-2017.doc

three months from the date of the decree along with further interest @ 9% per annum on an amount of Rs.2,50,000/- from the date of the suit till it's full realization.

3. It appears that the applicant has not deposited the entire decretal amount in terms of the impugned judgment and decree.

4. Subject to deposit of the entire amount with uptodate accrued interest within four weeks from today, there shall be stay to the execution of the impugned judgment and decree.

5. If the applicant fails to deposit entire amount as above, stay shall stand vacated automatically without further reference to the Court.

6. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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