Bombay High Court
Umesh S/O Radheshyam Sharma vs Dashrath S/O Gangaram Bhange ... on 9 August, 2019
Author: V. M. Deshpande
Bench: V.M. Deshpande
1 090819cas1527.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLLICATION (CAS) NO. 1527 OF 2017
IN
SECOND APPEAL NO. 751 OF 2017
UMESH S/o RADHESHYAM SHARMA
VERSUS
DASHRATH GANGARAM BHANGE (Dead) THRU. LRs GAYABAI BHANGE AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Yash Maheshwari, Advocate for the appellant.
Mr. M. R. Joharapurkar, Advocate for the respondents.
CORAM : V. M. DESHPANDE, J.
DATE : AUGUST 09, 2019.
This is an application for stay under Order 41
Rule 5 of the Code of Civil Procedure.
Heard Mr. Yash Maheshwari, the learned counsel
for the appellant/applicant and Mr. M.R. Joharapurkar,
the learned counsel or the respondents/non-applicants.
The second appeal is already admitted on
11.9.2018 since it involves the substantial question of law.
Prior to that, on 19.12.2017 at the time of issuing notice
on this civil application, ad-interim stay was granted in
favour of the appellant in terms of prayer clauses (A) and
(B) of the application. The said interim order is in
operation.
After hearing the learned counsel for the parties, I
pass the following order :
ORDER
1. The civil application is allowed.
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2. Ad-interim order of stay granted on 19.12.2017 is made absolute.
3. The civil application is disposed of.
Second Appeal No.751 of 2017Sixteen weeks time is granted to the appellant to file the private paper book.
JUDGE Diwale ::: Uploaded on - 09/08/2019 ::: Downloaded on - 10/08/2019 05:04:33 :::