Bombay High Court
Ratnagiri Nagar Parishad Thr. The Chief ... vs Madhukar Shankar Redij & Ors on 20 August, 2019
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
503-cas189-19.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.189 OF 2019
IN
SECOND APPEAL (STAMP) NO.2061 OF 2019
Ratnagiri Nagar Parishad ...Applicant
V/s.
Madhukar S. Redij & Ors. ...Respondents
Mr.Rakesh Bhatkar for the Applicant.
None for the Respondents.
CORAM : R.D. DHANUKA, J.
DATE : 20TH AUGUST, 2019.
P.C. :-
1. The papers are allowed to be produced at 3:00 p.m. in view of the extreme urgency.
2. Learned counsel appearing for the appellant states that though there is no money decree passed against the appellant, the Executing Court has passed an order of attachment of furniture and other assets of the appellant - Municipal Council. A perusal of the order passed by the Executing Court prima-facie indicates that there is substance in the arguments made by the learned counsel appearing for the appellant.
3. Issue notice upon the respondent, returnable on 1st October, 2019. Hamdast is permitted. In addition to the Court notice, 1/2 ::: Uploaded on - 21/08/2019 ::: Downloaded on - 22/08/2019 00:24:17 ::: 503-cas189-19.doc the applicant is permitted to serve the respondents by private notice i.e. by registered A.D. / courier / hand delivery and shall file affidavit of service before the next date.
4. The respondents shall not take any coercive steps against the appellant in execution of the impugned decree which is the subject matter of this appeal till next date.
5. Learned counsel appearing for the appellant states that the respondent has filed a caveat. A copy of the notice was served upon the learned advocate who appeared on the first date on behalf of the respondent. Statement is accepted. Learned counsel for the appellant agrees to convey this order to the learned advocate for his information and compliance. A copy of this order shall also be conveyed to the Executing Court.
6. All parties as well as the Executing Court to act on the authenticated copy of this order.
(R.D. DHANUKA, J.) 2/2 ::: Uploaded on - 21/08/2019 ::: Downloaded on - 22/08/2019 00:24:17 :::