Vivek Shankarrao Deshpande ... vs Sakharam Sonaji Brahamkar And ...
2022 Latest Caselaw 5729 Bom

                                                     928 WP 5158 OF 2022.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                        928 WRIT PETITION NO.5158 OF 2022

      VIVEK SHANKARRAO DESHPANDE PROPRIETOR M/S RUDRANEE
                        CONCRETE PRODUCTS
                                 VERSUS
             SAKHARAM SONAJI BRAHAMKAR AND OTHERS
                                    ...
                Advocate for Petitioners : Mr. Adwant S.V.

                               CORAM       : MANGESH S. PATIL, J.

                               DATE        : 22.06.2022.


 PER COURT :

         Heard.

2. The petitioner is aggrieved by rejection of his application seeking leave to prefer an appeal under Section 96 of the Code of Civil Procedure against the judgment and decree to which he was not a party. By the common order under challenge even his prayer seeking condonation of delay in preferring the appeal has been turned down. Since it is a common order passed on both these applications, issue notice to the respondents, returnable on 20.07.2022.

3. It seems that the operation of the judgment and decree of the trial court was stayed pending the decision by the lower appellate court which is under challenge in his writ petition, by the order dated 16.02.2013. In view of above, the same interim relief shall continue till the next date.

(MANGESH S. PATIL, J.) mkd/-