The court disposed of a civil application by staying the execution of the impugned decree pending final hearing of the appeal, maintaining the status quo of the disputed property, and granting interim relief.
Execution of decree stayed; status quo maintained in respect of suit property; interim relief in terms of prayer clause (a).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.1534 OF 2006
IN
FIRST APPEAL NO.611 OF 2006
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’s
orders or directions
& Registrar’s orders.
Court’s or
Judge’s orders
CORAM: A.S.OKA, J.
DATED: JULY 25, 2006.
P.C.:
1. Rule. Advocate for the Respondent
No.1 waives service. The Respondent is
the original Plaintiff and other
Respondents are the Defendants. Hence,
for the purposes of deciding this
Application, service of notice to the
other Respondents is dispensed with.
Taken up for hearing forthwith.
2. The Appeal has been admitted for final
hearing. Considering the drastic nature
of the relief granted by the impugned
Judgment and Decree, execution of the
Decree deserves to be stayed till the
final disposal of the Appeal. However,
the Applicants will have to also maintain
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status quo as of today in respect of the
suit property.
3. Civil Application is disposed of by
passing the following order :
i) There will be interim relief in terms
of prayer clause (a) subject to the
condition that the Applicants will
maintain status quo as of today in respect
of the property in dispute. No order as
to costs.
Judge.
1 issue framed by the court
Whether execution of decree should be stayed till final disposal of the appeal considering the drastic nature of relief granted.
Respondent
other Respondents
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court