Vaibhav Suryabhan Bhandare And Ors vs Uttam Ganpat Rahane And Anr
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Bombay High Court

Vaibhav Suryabhan Bhandare And Ors vs Uttam Ganpat Rahane And Anr on 23 January, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

                                                                       23-CAS-1817-2015.doc


 Harish

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO.1817 OF 2015
                                    IN
                      SECOND APPEAL NO.849 OF 2015

 Vaibhav Suryabhan Bhandare & Ors.                          ...Applicants
      Versus
 Uttam Ganpat Rahane & Anr.                                 ...Respondents

                                 --------------------
 Mr. Girish R. Agarwal a/w Mr. Shubham Jangam for the Applicants.
 Mr. Vikram N. Walawalkar a/w Mr. Amey Sawant & Adv. Gracy
 Saldanah i/b Mr. Suresh Sabrad for Respondent Nos. 1 & 2.
                                 ---------------------

                               CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 23, 2024

P. C. :

1. Civil Application has been preferred seeking stay of execution of

the Judgment and Decree dated 5th July, 1999 passed in Special Civil Suit

No. 90/94 by the Trial Court and the Judgment and Decree dated 4 th

March, 2015passed in Civil Appeal No. 186 of 2005 by the Appellate

Court.

2. Learned counsel for the Applicants submits that his right is

confined only to Gat No. 433 in respect of which he holds the

Consolidation Certificate. He submits that he has no objection if the

23-CAS-1817-2015.doc

decree is executed as regards the Gat No. 496 and 431.

3. In view of the statement, the execution of the Judgment and decree

dated 5th July, 1999 passed in Special Civil Suit No. 90/94 is stayed to the

extent of execution of the decree in respect of Gat No. 433.

4. It is clarified that the Plaintiffs are entitled to execute the decree in

respect of Gat No. 496 and 431.

(SHARMILA U. DESHMUKH, J. )