Disposed

Sanjay Shridhar Dhawan v. Sushil S/O Shridhar Dhawan

Bombay HC23 Mar 2011CAF/271/2010

Case brief

AI extract

What is this about?

The High Court, in a bailiff application, stayed the execution of a trial court decree directing removal of partition, as the relief of declaration and injunction was denied to the original plaintiff. The court noted that documents not on record could not be considered at the appeal's final hearing without specific permission.

What did the court decide?

Execution of the decree directing removal of partition is stayed till the final disposal of the appeal.

Sanjay Shridhar Dhawan Vs Sushil S/O Shridhar Dhawan — Partition | Bombay HC (2011)

caf271

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION

¶5

CIVIL APPLICATION NO.271 OF 2010

¶6

IN
 FIRST APPEAL NO.1380 OF 2010

¶7

Sanjay Shridhar Dhawan & Anr....Applicants
vs.
Sushil Shridhar Dhawan ...Respondent

¶8

Mr.A.M.Saraogi for the applicants
Mr.E.K.Sasidharan for the respondent

¶9

CORAM : A.S.OKA,J.
 DATE : MARCH 23,2011

¶10

P.C.:

¶11

1Heard learned counsel for the parties. By the
impugned decree, the learned trial Judge had denied the
relief of declaration and injunction prayed for by the
first respondent-plaintiff. However, the learned trial
Judge has passed a decree directing the appellants to
remove partition. Declaration sought by the respondent
was that the appellants have no right to occupy the
portion of the suit premises.

¶12

2As relief of declaration and injunction has been
denied to the original plaintiff, the execution of the
decree directing removal of partition will have to be
stayed.

¶13

3Accordingly, civil application is disposed of by
directing that the execution and operation of that part
of the impugned decree which directs the appellants to
remove the partition will remain stayed till the final
disposal of the appeal.

¶14

2 caf271

¶15

4The learned counsel for the respondents-original
plaintiffs makes a grievance that an affidavit which is
not on record of the suit has been incorporated in the
appeal compilation. It is obvious that the appellants
will have to file proper paper book incorporating only
the relevant documents in accordance with the rules. At
the time of final hearing of the appeal, the documents
which are not on record of the suit will not be
considered unless permission is granted under Rule 27 of
Order XLI of the Code of Civil Procedure,1908.

¶16

 JUDGE

Sanjay Shridhar Dhawan v. Sushil S/O Shridhar Dhawan

Case brief

What is this about?

What did the court decide?

Sanjay Shridhar Dhawan v. Sushil S/O Shridhar Dhawan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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