Javed S/O Jahangir Sheikh vs Prabhakar Balaji Limje (Dead) And ...
2021 Latest Caselaw 15717 Bom

Order                                                                                      16 wp 4468-2021
                                                     1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                                WRIT PETITION NO.4468/2021
             Javed s/o Jahangir Sheikh Vs. Prabhakar Balaji Limje (dead) and others.


Office notes, Office Memoranda of
Coram, appearances, Court's orders                             Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri G.I. Dipwani, Advocate for the petitioner.

                                         CORAM : G.A. SANAP, J.

DATE : NOVEMBER 09, 2021.

Issue notice to the respondents.

In this petition, the petitioner has impugned the order dated 03/09/2021 below exhibit-05 passed by the Principal District Judge, Bhandara whereby his prayer to stay the execution of decree dated 28/02/2019 passed in Regular Civil Case No.116/2013 was rejected. It is seen, on perusal of record that the petitioner has failed to file the appeal within limitation against the judgment and decree dated 28/02/2019. He therefore applied for condonation of delay. Pending the application for condonation of delay, he applied for stay to the execution of the judgment and decree.

The learned Advocate for the petitioner has placed on record the certified copy of the order passed by the learned Civil Judge, Junior Division, Bhandara in Regular Darkhast No.59/2019. The learned Advocate for the petitioner submits that the returnable date for taking possession is 10/11/2021. Learned Advocate for the petitioner therefore prays for that pending this writ petition, the stay to the execution of decree may be granted. On going

Order 16 wp 4468-2021

through the record it is seen that the learned District Judge has rejected the application for stay, the reasons have been recorded for the same. However, the correctness of this order would be considered after granting opportunity of hearing to both the parties. The delay condonation application is pending. It is therefore apparent that if the decree is executed then the very purpose of adopting the appropriate proceedings would be frustrated.

In view of this, I am inclined to grant stay to the execution of decree till next date. It is made clear that in the meantime, the petitioner shall take appropriate steps before the learned District Judge for urgent hearing of the application for condonation of delay. Learned District Judge in the meantime shall proceed with the application for condonation of delay.

Stand over to 18/11/2021.

JUDGE R.S. Sahare