Prashant S/O Pralhadrao Muley vs Rita W/O Vinay Mohabey And Others
2021 Latest Caselaw 12890 Bom

2sa st. 9979.2021.                                                                                             1/2


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

                             SECOND APPEAL STAMP NO. 9979 /2021

            Prashant s/o Pralhadrao Muley Versus Rita w/o Vinay Mohabey and others.

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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 P.S. Tiwari, Advocate for appellant.
                 Shri D.N. Mehta, Advocate for respondent No. 1/ Caveator.

                 CORAM            : S.M. MODAK, J.

DATE : 08/09/2021.

The suit of present respondent No.1 for specific performance against their vendor and defendant Nos. 1 and 2 was decreed. So also, Trial Court has set aside the sale-deed executed by vendor/defendant Nos. 1 and 2 in favour of Defendant No.3/Present Appellant.

In a First Appeal filed by the defendant No.3 came to be dismissed. Against that Second Appeal was preferred by the present appellant bearing Second Appeal No. 34/2017. It was disposed of on 27/08/2018 and First Appellate Court was directed to decide the matter afresh. That is how First Appellate Court decided the Regular Civil Appeal No. 41/2014 vide impugned judgment dated 09/12/2020. There is a occasion for defendant No.3 to file the Second Appeal on second occasion.

Present respondent No.1 have already filed execution proceeding and in fact sale-deed is also executed in her favour through Court. There is also an issue where that sale-deed was executed in spite of stay order passed by this Court in earlier Second

2sa st. 9979.2021. 2/2

Appeal. It is a matter of inquiry in Contempt Petition No.60/2021 filed by defendant No.3/present appellant. Today, the matter is fixed for admission. Respondent No.1 has filed caveat. He has sought time to file reply to civil application bearing stamp No. 9980/2021 for staying further execution.

It is submitted that even though the sale-deed is executed, yet the possession is with the present appellant and respondent No.1/ plaintiff is insisting for issuance of the possession warrant.

Now, the execution is kept on 27/09/2021 whereas the Contempt Petition No. 60/2021 is kept on 17/09/2021.

In order to avoid any further complications, it is better to stay the execution of the decree till next date i.e. on 17/09/2021.

Matter be kept for admission and hearing on civil application on 17/09/2021.

JUDGE

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