Mr. Ahmed Mohammad Hussain ... vs Mr. Bhagwan Gulabrao ...
2022 Latest Caselaw 13553 Bom

           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2022.12.23
           17:56:38
           +0530




                                                                             906-sa-842-2022.doc
         Pallavi


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                           SECOND APPEAL NO.842 OF 2022
                                                      WITH
                                       INTERIM APPLICATION NO.30538 OF 2022

                        Mr. Ahmed Mohammad Hussain Kazi
                        Through its legal heirs:
                        1A) Smt. Najama Ahmed Kazi and Ors.       ...Appellants/Applicants
                             Versus
                        Mr. Bhagwan Gulabrao Deshmukh,
                        Since Deceased through his legal heirs:
                        1A) Mrs. Ratnaparabha Bhagwan Deshmukh and Anr. ...Respondents


                        None for the Appellant/Applicants.
                        Mr. Ajinkya M Udane, for the Respondents.

                                                          CORAM : MADHAV J. JAMDAR, J.

DATED : 23rd DECEMBER 2022

P.C. :

1. When the matter is called out, none appears for the

Appellants. The matter is circulated as there is apprehension that the

decree will be executed. However, order dated 4 th October 2022

passed below Exh.56 in R.C.A. No.272 of 2014 clarifies that till the

appeal period is over execution is stayed. Since the judgment and

decree of the Appellate Court is dated 3rd October 2022, the stay

granted by the learned First Appellate Court is in operation till 2 nd

906-sa-842-2022.doc Pallavi

January 2023 hence there is no apprehension that immediately

decree will be executed. Mr. Udane, learned counsel appearing for

Respondents states that the Darkhast proceedings are kept on 11 th

January 2023.

2. Stand over to 10th January 2023.

[MADHAV J. JAMDAR, J.]