Allowed

Devidas Dodha Patil v. Daga Kautik Patil and Others

Bombay HC4 Jul 2018WP/3513/2017

Case brief

AI extract

What is this about?

The Court, exercising writ jurisdiction, reserved the continuation of an ex-parte stay relief in a pending appeal. The court directed the appellate court to decide the appeal by a specific date and completed the pending enquiry under the Civil Procedure Code expeditiously.

What did the court decide?

Continuation of ad-interim stay relief and direction to appellate court to decide the appeal by 31.12.2018.

Devidas Dodha Patil Vs Daga Kautik Patil and Others — Execution and Attachment | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 3513 OF 2017

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DEVIDAS DODHA PATIL VERSUS DAGA KAUTIK PATIL AND OTHERS

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Advocate for Petitioner : Shri Kulkarni Mukul S. Advocate for Respondent 1 : Shri Shah Subodh P. AGP for Respondent 3 : Shri Yadav S.R.

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... CORAM : RAVINDRA V. GHUGE, J. Dated: July 04, 2018 ...

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PER COURT :-

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The petitioner is the original sole defendant in RCS No.54 of 2011, which has been decreed by the trial Court by judgment dated 20.9.2016. His RCA No.126 of 2016 is pending adjudication. By the impugned order, his application seeking a stay to the judgment and decree, has been rejected on 22.2.2017.

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By order dated 16.3.2017, passed ex-parte, this Court has granted interim relief in terms of prayer clause (B) to the appellant and pursuant to which, the judgment of the trial Court has been stayed.

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I have considered the strenuous submissions of Shri Kulkarni and Shri Shah, on behalf of the litigating sides. The ad-interim protection

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akl/d

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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2 - WRIT PETITION NO. 3513 OF 2017

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granted by this Court is in operation for the past about 15 months. Ends of justice would be met by continuing the relief and hearing in appeal can be expedited. While doing so, the enquiry ordered by the trial Court under Order XX Rule 12 of the Civil Procedure Code (CPC) shall be completed.

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Considering the above, this petition is disposed off by continuing the ad-interim relief granted to the petitioner, save and except, the enquiry directed by the trial Court under Order XX Rule 12 of the CPC, which would be completed by the competent authority expeditiously. The appellate Court shall decide RCA No.126 of 2016, as expeditiously as possible and in any case, on/or before 31.12.2018. The litigating sides would be precluded from seeking adjournments on unreasonable and trivial grounds.

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( RAVINDRA V. GHUGE, J. )

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akl/d

Devidas Dodha Patil v. Daga Kautik Patil and Others

Case brief

What is this about?

What did the court decide?

Devidas Dodha Patil v. Daga Kautik Patil and Others

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

Case details

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