Dayabai Prakash Waghmare vs Eknath Shankar Waghmare And Ors
2022 Latest Caselaw 243 Bom

                                                                             923.SA.04.22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             SECOND APPEAL NO.4 OF 2022
                            WITH CA/119/2022 IN SA/4/2022

                           DAYABAI PRAKASH WAGHMARE
                                       VERSUS
                       EKNATH SHANKAR WAGHMARE AND ORS.
                                           ...
                       Advocate for Appellant : Mr. K.N. Shermale
                                           ...
                                  CORAM        :   MANGESH S. PATIL, J.

                                    DATE     :   06.01.2022
PER COURT :

The learned advocate for the appellants undertakes to remove the office objections within two weeks.

2. Heard.

3. The appellant is the original defendant No.5 who is a purchaser of an undivided share of the original defendant Nos. 3 and 4 in a suit for partition and separate possession. He is challenging the concurrent findings of facts by the two courts below and seeking stay to the execution and operation of the judgment and decree. The learned advocate Mr. Shermale submits that execution was stayed during pendency of the appeal before the District Court and the same arrangement may be continued. I find no sufficient ground to pass any order of stay ex parte.

4. Issue notice to the respondents in Appeal as also in the Application for stay, returnable on 27.01.2022. In addition to the regular mode of service, the appellant is granted liberty to serve the respondents privately and to file affidavit of service along with the acknowledgment.

(MANGESH S. PATIL, J.)

habeeb