Dismissed

M/S Shree Nursingsahay Mudungopal Thr. Its Partner v. Late Mr. Vasantrao Bhagwanji Dharmik Since Deceased by Lrs Smt. Sumatibai Wd/O Vasantrao Dharmik an

Bombay HC29 Apr 2013CAW/709/2013

Case brief

AI extract

What is this about?

The court disposed of the writ petition seeking permission to execute a decree. It held that execution cannot be granted against any party who filed a regular civil appeal and is pending, leaving the stay application to the first appellate court.

What did the court decide?

No executable decree against the non-applicant; stay application to be decided by first appellate court.

M/S Shree Nursingsahay Mudungopal Thr. Its Partner… — Execution and Attachment | Bombay HC (2013)

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WPs4020&4021-11

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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C.A.W. NO. 709/2013 IN WRIT PETITION NO. 4020/2011

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(SHREE NURSINGSAHAY MUDUNGOPAL VERSUS VASANTRAO BHAGWANJI DHARMIK (DEAD) THR. L.R'S DHANANJAY VASANTRAO DHARMIK & OTHERS)

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WITH

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C.A.W. NO. 710/2013 IN WRIT PETITION NO. 4021/2011

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(SHREE NURSINGSAHAY MUDUNGOPAL VERSUS VASANTRAO BHAGWANJI DHARMIK (DEAD) THR. L.R'S DHANANJAY VASANTRAO DHARMIK & OTHERS)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Shri M.G. Bhangde, Senior counsel with Shri V.V. Bhangde, counsel for the petitioner/N.A.

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Shri N.H. Shams, counsel for the R-2 to 8/applicants.

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CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 29, 2013.

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The prayer made by the applicants for seeking permission to execute the decree cannot be granted as against the decree passed against the non-applicant, the non-applicant has filed the regular civil appeal and the same is pending. It appears that the first appellate Court had kept the application filed by the non-applicant for grant of stay to the judgment and decree passed by the trial Court in abeyance in view of the order passed by this Court on 19.10.2012 in this writ petition.

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Since the application for grant of stay is pending before the first appellate Court, it would not be proper on the part of this Court to decide the question whether the decree could be executed or a stay needs to be granted in this writ petition. The first appellate Court is at liberty to decide the application filed by the non-applicant for grant of stay after considering the material placed by the parties on record as also the order passed by this Court on 19.10.2012.

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2 WPs4020&4021-11

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The civil application is disposed of in the aforesaid terms.

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JUDGE

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APTE

M/S Shree Nursingsahay Mudungopal Thr. Its Partner v. Late Mr. Vasantrao Bhagwanji Dharmik Since Deceased by Lrs Smt. Sumatibai Wd/O Vasantrao Dharmik an

Case brief

What is this about?

What did the court decide?

M/S Shree Nursingsahay Mudungopal Thr. Its Partner v. Late Mr. Vasantrao Bhagwanji Dharmik Since Deceased by Lrs Smt. Sumatibai Wd/O Vasantrao Dharmik an

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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