Prakash S/O Santramji ... vs Smt. Kiran Wd/O Devendra Purohit ...
2021 Latest Caselaw 15237 Bom

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

                                 Civil Application (CAS) No.282/2020
                                                   IN
                                      Second Appeal No.110/2020
    Prakash s/o Santramji Gyanchandani & Anr. Vs. Smt. Kiran wd/o Devendra Purohit & Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri A.P. Thakare, Advocate for the Appellants.
                 Shri M.R. Joharapurkar, Advocate for Respondent Nos.1 to 4.

                 CORAM : S.M. MODAK, J.

DATE : 25th OCTOBER, 2021.

Heard both the sides.

02] This Court has already framed one substantial question of law while issuing notice on 6th March, 2020. So also, the stay is granted to the judgment and decree passed by the first Appellate Court. By the said judgment, the suit of the plaintiff was decreed and the defendants were restrained from disturbing the possession of the plaintiff over the suit property.

03] There is a request for adjourning the matter as learned Senior Advocate Shri R.L. Khapre is not available today as he has gone to Mumbai. Learned Advocate for the respondents has criticized the conduct of the appellants. That is to say, on one hand asking for ex parte stay and on the other hand his two sons entering into an agreement for sale on 5th March, 2020. The copy of the said agreement is filed. By the averments in the agreement, the sons of the appellants have accepted the observations made by the Court.

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               04]              It is true that even though ex parte stay was granted, yet

the stay application is not finally decided.

05] Hence, the matter be kept on 28th October, 2021 for hearing on the stay application.

JUDGE vijay