The Court rejected an application for a stay pending appeal against a decree and injunction order. The Bench held that the impugned order refusing the stay was not flawed and no case for interference was made out by the original defendants.
The writ petition seeking a stay is dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2002 OF 2012
Dada Aba Kodag and Ors ..Petitioners
Vs. Shankar V. Thombare and Ors ..Respondents
Mr. S. S. Patwardhan,for the Petitioners.
CORAM :- R. M. SAVANT , J. DATE :- OCTOBER 16, 2012.
P. C.:
1 The order impugned is one rejecting the application for stay pending the Appeal.
2 The Petitioners herein are the original Defendants. The Suit in question has been decreed. Prior to that a temporary injunction order was passed in favour of the Plaintiffs. The Appeal arising out of the order passed on the temporary injunction application was also decided in favour of the Plaintiffs. The Defendants seek to rely upon the report of T. I. L.R. which has been prepared pursuant to the mutation entry proceedings. In my view, the order passed by the Lower Appellate Court
Aswale 1/2
2002.12.wp
refusing stay pending Appeal, based on the order passed on the temporary injunction application as well as the Decree passed thereafter recording a finding as regards the Plaintiff’s possession cannot be faulted with. No case for interference is made out. The Writ Petition is accordingly dismissed.
Aswale 2/2
1 issue framed by the court
Whether the High Court should grant a stay on the original decree in an appeal regarding interim injunction and possession.
Dada Aba Kodag and Ors
Shankar V. Thombare and Ors
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
