Mahesh S/O Omprakash Tapdiya And ... vs N.H. Polymers Thr. Pro. Meenadevi ...
2023 Latest Caselaw 11577 Bom

                                             19_sa_480_2023.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       SECOND APPEAL NO.480 OF 2023
                                  WITH
                   INTERIM APPLICATION NO.14088 OF 2023
                                    IN
                       SECOND APPEAL NO.480 OF 2023

Mahesh Omprakash Tapdiya and Anr.                     ...Appellants
                       Versus
N.H. Polymers through its proprietor
Sau. Meenadevi W/o Manmohan
Bhutada through her PoA Manmohan
S/o Hiralalji Bhutada                                 ...Respondent
                                 ...
Mr. Yogesh G. Somani for the Appellants.


                                 CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th NOVEMBER, 2023.

P. C. :-

1. The Appellants herein have filed the appeal under Section

100 of the Civil Procedure Code, challenging the judgment and decree

dated 28/09/2022 whereby the first Appellate court dismissed the

appeal and confirmed the monetary decree dated 31/12/2019 passed

by the learned Jt. Civil Judge, Senior Division, Solapur, in Special Civil

Suit No.125 of 2013.

2. Learned counsel for the Appellants states that the

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19_sa_480_2023.odt

Respondent -Plaintiff has already filed execution proceedings for

recovery of amount of Rs.7,60,2011.74. Counsel for the Appellants

states that warrant of attachment is ordered to be issued. In the light

of the said statement, execution of the impugned judgment and decree

is stayed till the next date of hearing subject to deposit of 50% of

decreetal amount within a period of six weeks, before the Executing

Court.

3. Issue notice to the Respondents, returnable on

06/12/2023.

                                          (SMT. ANUJA PRABHUDESSAI, J.)




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