Shri. Mahadev Krishnath Musle vs Shri. Ashok Shankar Kumbhar And ...
2022 Latest Caselaw 6583 Bom

                                                                             IA(ST)16579-22.doc


                        Chitra Sonawane


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
                                          CIVIL APPELLATE JURISDICTION
           signed by
           CHITRA
CHITRA     SANJAY
SANJAY
SONAWANE
           SONAWANE
           Date:
                                   INTERIM APPLICATION (ST.) NO.16579 OF 2022
           2022.07.14
           11:08:21
           +0530
                                                      IN
                                         SECOND APPEAL NO.117 OF 2021

                        Mr. Mahadev k. Musle           ....      Appellants.
                                   Vs.
                        Ashok S. Kumbhar & Ors.        ...    Respondents.
                                                         .....
                        Ms Sarika Shetye, i/b S.B. Shetye, Advocate for Appellant.

                                                       CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 12th JULY, 2022.

P.C.

1. Not on board. Upon mentioning, taken on board.

2. Learned Counsel for appellant submits that on the basis of incorrect statement made by the respondent-decree-holder, before the executing Court that there is no second appeal preferred by the Judgment debtor, the executing Court had issued possession warrant for removal of stair case in the suit property as stated in the Decree.

3. List the appeal on 23.8.2022.

4. In the meanwhile, there shall be ad-interim stay to the execution of Decree sought to be executed, pursuant to an order passed by the executing Court on 6.5.2022.

5. Learned Counsel shall serve the respondent by private notice and shall tender an affidavit of service before returnable date.

[PRITHVIRAJ K. CHAVAN, J.]

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