Virupaksh Gopalrao Sutar vs Smt. Akkatai Anant Sutar And Ors
2023 Latest Caselaw 5657 Bom

2023:BHC-AS:15884


                                                    1/1
                                                                                     920-cwp-7160-23.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION
                               WRIT PETITION NO. 7160 OF 2023

             Virupaksh G. Sutar                                    ...Petitioner
                  V/s.
             Smt. Akkatai A. Sutar and ors.                        ...Respondents.

             Mr. Ajit M. Savagave for the Petitioner.

                                                 CORAM      :      N.R. BORKAR, J.

                                                 DATE       :      15.06.2023.

              P.C. :

1. This petition takes an exception to the order dated 8 May 2023 passed by the Joint Civil Judge, Junior Division, Jaysingpur below Exhibit-29 in Regular Darkhast No. 65 of 2020. By the order impugned, the executing court had issued warrant of possession in execution proceedings fled by the respondents pursuant to the judgment and decree dated 18 January 2020 passed by the Joint Civil Judge Junior Division, Jaysingpur in their favour.

2. Admittedly, there is no stay to the execution of judgment and decree dated 18 January 2020 in the appeal fled by the present petitioner against the said judgment and decree. In that view of the matter, no interference is called for in the impugned order. Accordingly, the Petition is dismissed. The appellate court, shall however, endeavour to dispose of the application fled by the petitioner for stay, if any, on it's own merits as early as possible.

                                                                   [N.R.BORKAR, J.]

             Dinesh S. Sherla                         1/1