Single-judge High Court dismissed a writ petition challenging an order refusing stay pending appeal in a suit for possession. The court found no merit in the petitioners' case to interfere.
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2002.12.wp
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
2 issues framed by the court
Whether the High Court should interfere with the impugned order rejecting the application for stay pending appeal in a civil suit.
Whether indefeasible judgment-debtor status established by decree and possession prevents granting stay.
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
