Civil applicant sought stay on execution of a money decree. Court declined to entertain the application regarding installment payments as execution proceedings were already pending.
Application for stay on execution stands rejected.
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.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.826 OF 2007
IN
FIRST APPEAL NO.961 OF 2003
Badrinarayan Bansilal Somani...Applicant
V/s.
Vinodkumar K. Shah...Respondent
Mr.Sugandh B. Deshmukh, Advocate, for the Applicant. .
Mr.S.M. Gorwadkar, Advocate, for Respondent No.1.
CORAM : J.N. PATEL &
A.A. SAYED, JJ.
DATE : 4TH JUNE, 2007.
P.C. :
1.Heard the learned Counsel for the parties.
2.This Civil Application is filed for granting
stay to the execution of the Decree, Judgment and order
passed by the learned VIIth Joint Civil Judge, Junior
Division, Pune in Special Civil Suit No.347 of 1998.
3.It is contended by the learned Counsel
appearing for the Appellant that the Appellant has paid
a sum of Rs.10,06,450/- and the Court may permit him to
: 2 :
deposit the balance amount by instalments.
4.The learned Counsel appearing for the
Respondent-Plaintiff, decree holder, submits that this
Court on earlier occasion have rejected the application
for stay as it is a money decree and that taking into
consideration that the Respondent is now more than 80
years old, he will not be able to reap the benefits of
the decree and the instalments sought in the given
changed circumstances, the judgment debtor would never
pay the amount during the life time of the decree
holder and, therefore, such a request even on equitable
consideration should not be entertained by this Court.
5.There is no dispute over the fact that the
execution proceedings are pending. Therefore, in the
facts and circumstances of the case we are not inclined
to consider the application. The application for stay
stands rejected.
Badrinarayan Bansilal Somani
Vinodkumar K. Shah
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court