Mr. Nandlal Suraj Prajapati vs Mr. Ebrahim Hassam Lambat
2023 Latest Caselaw 2696 Bom

                                                     22-IA-3196-2022.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO. 3196 OF 2022
                                  IN
                FIRST APPEAL (STAMP) NO. 23440 OF 2021

Nandlal Suraj Prajapati           ... Applicant
      Versus
Ebrahim Hassam Lambat and Ors.    ...   Respondents
                            .....
Ms. Tanaya Patankar a/w Mr. Prabhakar M. Jadhav, for the
Applicant.

Mr. S. N. Kadam, for the Respondent.
                              .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 20th MARCH, 2023.

P.C.

Heard learned Counsel for the applicant.

2 Perused the impugned judgment and decree passed by the trial

Court on 28th October, 2021 by which respondents' suit came to be

decreed with costs inter alia declaring defendants as trespassers qua

the suit property admeasuring 5' x 3' in C.S. No. 3059.

3 Learned Counsel for the applicant/appellant has invited my

attention to an order passed by the said Court in Notice of Motion

No. 956 of 2009 dated 4 th February, 2010 by which the learned

Judge dismissed the Notice of Motion preferred by the respondents-

     Rekha Patil                                                       1 of 2


                                                       22-IA-3196-2022.doc


plaintiffs.



4        Learned Counsel for the respondents submits that since there

was an obstruction in execution proceeding by the obstructionist, he

had preferred the obstructionist proceeding bearing No. 75 of

2022. Learned Counsel for the appellant submits that the appellant

has appeared in the said proceeding.

5 There shall be interim stay to the execution proceeding till the

next date.

6 Learned Counsel for the respondents shall file copy of the

obstruction proceeding by the next date.

7 List the Appeal and Application on 25th April, 2023.

8 Liberty to the learned Counsel for the appellant to file the

compilation in the Registry with copy to the learned Counsel for the

respondent.

                                  [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                        2 of 2