Satara Zilla Madhyavarti ... vs Prathamik Shikshak Sahakari Bank ...
2023 Latest Caselaw 10932 Bom

                                                      501 CRA521.2022.doc
P.H. Jayani



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                CIVIL REVISION APPLICATION NO.521 OF 2022
                                  WITH
                CIVIL REVISION APPLICATION NO. 522 OF 2022

Satara Zilla Madhyavarti Sahakari
Grahak Sangh Maryadit, Satara and ors.                              ..... Applicants
      v/s.
Prathmik Shikshak Sahkari Bank Ltd. and ors.                        .... Respondents

Mr. Vishwanath Talkute for the Applicants.
Mr. Dilip Bodake for the Respondents.

                                 CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th OCTOBER, 2023.

P.C.:-

. Not on board. Upon being mentioned, taken on board.

2. By the impugned judgment and decree dated 05/12/2018, the

Applicants herein have been directed to handover possession of the

Shop Gala Nos.3 and 4 of CS No.12B and 13 situated at Raviwar Peth,

Satara City to the Respondent - Bank. The Appeal filed by the

Applicants was dismissed by the Appellate Court by judgment and

decree dated 08/04/2022. Being aggrieved by the judgment and

decree of the trial court as well as the order of the Appellate Court, the

Applicants herein have filed these Applications under section 115 of the

Code of Civil Procedure.

501 CRA521.2022.doc P.H. Jayani

3. The records reveal that by order dated 13/04/2021, the District

Court had stayed execution of the impugned judgment and decree.

The records further reveal that in the course of the present

proceedings, the learned counsel for the Respondents had made a

statement that he would not proceed with the execution proceedings.

It appears that the matter was not listed on board and that the

statement made by the Respondents was not continued.

4. Learned counsel for the Applicants states that the possession

warrant has been issued and attempts are being made to take

possession of the suit shop.

5. Considering the fact that the stay order was earlier operating, the

Executing Court is directed not to proceed with the execution

application till the next date of hearing. Learned counsel for the

Respondents to communicate the present order to the Executing Court.

6. Parties to act on an authenticated copy of this order.

7. Stand over to 06/11/2023.

(SMT. ANUJA PRABHUDESSAI, J.)