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Bombay High Court

Ajit Vasantrao Ghag And Anr vs Chandrashekhar Ramchandra Datir And ... on 26 August, 2022

Author: Gauri Godse

Bench: G.S. Patel, Gauri Godse

                                   9-FAST-19317-2022 WITH IA-17494-2022 IN FAST-19317-2022.DOC




                   Arun



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                               FIRST APPEAL (ST) NO. 19317 OF 2022
                                                    WITH
                            INTERIM APPLICATION NO. 17494 OF 2022
                                                       IN
                               FIRST APPEAL (ST) NO. 19317 OF 2022


                   Ajit Vasantrao Ghag & Anr                                   ...Appellants
                         Versus
                   Chandrashekhar Ramchandra Datir & Anr                     ...Respondents


ARUN               Mr SG Deshmukh, with Rajesh Kachare, Sameer Mhatre & Amol
RAMCHNDRA
SANKPAL
                        Mhatre, for the Appellant.
Digitally signed
by ARUN
RAMCHNDRA
SANKPAL
Date: 2022.08.29
10:12:44 +0530
                                          CORAM         G.S. Patel &
                                                        Gauri Godse, JJ.

                                          DATED:        26th August 2022
                   PC:-


                   FIRST APPEAL (ST) NO. 19317 OF 2022:


                   1.     Admit.

2. As regards the Record and Proceedings of the lower court in each admitted First Appeal, while these are formally called for, we Page 1 of 3 26th August 2022 9-FAST-19317-2022 WITH IA-17494-2022 IN FAST-19317-2022.DOC request the Registry to ask the lower court's registry to transmit electronically a soft copy in in PDF format.

3. The entire record should be serially paginated so that the PDF page numbers correspond to the physical page numbers (which means that every page, including index pages and cover sheets will bear running page numbers).

4. Mr YA Goswami, CPC of this Court, is requested to coordinate. A copy of this order is to be sent to him. The Roznama of the lower Court needs to be separately digitized and compiled. All previous orders of this Court in the First Appeals are also to be separately digitized and compiled.

5. All Advocates are entitled to a soft copy of the R & P, if they so wish.

6. As regards hard or soft copies for the Bench, the necessary instructions will be issued at a later date.

7. Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the matter is taken up for hearing and final disposal.

8. Mr Kachare states that all office objections in the First Appeal will be removed within one week from today. The statement is noted and accepted.

26th August 2022 9-FAST-19317-2022 WITH IA-17494-2022 IN FAST-19317-2022.DOC INTERIM APPLICATION NO. 17494 OF 2022 IN FIRST APPEAL (ST) NO. 19317 OF 2022:

9. The Interim Application is for stay. It has not yet been served. Private service is permitted. We note that the impugned judgment and decree, in clause 5 of the operative portion, gives the original plaintiffs (Respondents to the Appeal) liberty to sell Gat No. 2358 upon default of the defendants (Appellants before us) paying the amount decreed.

10. We grant an ad-interim stay to this liberty in clause 5 of the operative portion at page 54 until the next date of listing.

11. We clarify that we have not granted stay as yet in regard to the amount that has been decreed.

12. Service of the Interim Application along with the copy of the appeal memo and paper-book is to completed on or before 5th September 2022.

13. List the matter on 13th September 2022.

(Gauri Godse, J)                                        (G. S. Patel, J)




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