The High Court stayed the effect and operation of the decree pending the outcome of first appeals after the appellant deposited the decretal amount, while granting liberty to the original plaintiff to seek modification.
Stayed the effect and operation of the decree pending first appeals; disposed of all civil applications without costs.
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.
caf1497.10.sxw
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1497 OF 2010
IN
FIRST APPEAL NO. 592 OF 2010
WITH
CIVIL APPLICATION NO. 1519 OF 2010 IN FIRST APPEAL NO. 598 OF 2010
WITH
CIVIL APPLICATION NO. 1520 OF 2010 IN FIRST APPEAL NO. 599 OF 2010
WITH
CIVIL APPLICATION NO. 1522 OF 2010
IN
FIRST APPEAL NO. 601 OF 2010
WITH
CIVIL APPLICATION NO. 1561 OF 2010 IN FIRST APPEAL NO. 617 OF 2010
M/s. Manibhadra Processors
....Applicant.
Vs.
Mr. Paresh Jagdish Shah & Anr.
....Respondents.
Mr. D.S. Sawant i/by Mr. Rajesh B. Parab for the Applicant. Ms. Sunita Sonawane for Respondent No.2.
CORAM : ANOOP V. MOHTA, J.
caf1497.10.sxw
2
DATE : 5th August, 2010
P.C.:
1 The Civil Application No. 1561 OF 2010 is not on board. As both the parties, issues, decree and judgment and the reliefs in question are same, the Civil Application in First Appeal No.617 of 2010 is taken on board.
2 The Appellant- who is the original Defendant No.1, against whom the decree is passed, has already deposited the decreetal amount. In view of this, considering the averments made, the effect and operation of the decree is stayed till the decision of the first Appeals.
3 However, the liberty is granted to the original Plaintiff to apply for appropriate orders and/or for modification of this order, if necessary.
4 In view of this, all the Civil Applications are disposed of, with no order as to costs.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether the effect and operation of the decree should be stayed till the decision of the first appeals once the decretal amount has been deposited.
M/s. Manibhadra Processors
Mr. Paresh Jagdish Shah & Anr.
Anoop V. Motta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
