The Court vacated a stay order dated 11.12.2013 due to the appellants' non-compliance with conditions, lack of diligence, and failure to respond to legal notices despite the suit being filed years ago.
Stay order dated 11.12.2013 stands vacated.
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969-ca-11754-2018.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.11754 OF 2018
IN SA/806/2013 WITH CA/14894/2013 IN SA/806/2013
ANTIKABAI@AVANTIKA JAGANNATH PAWAT AND ANOTHER
VERSUS
JAGANNATH VITHOBA KAKADE AND OTHERS
Advocate for Applicants : Mr. Imale Ramesh R.
Advocate for Respondent Nos. 1 To 5, 7a To 7c, 8a to 8d : Mr. D.R.
Markad h/f Mr. N.K. Kakade
CORAM : S.G. MEHARE, J.
DATED : SEPTEMBER 21, 2023
PER COURT:-
1. Learned counsel for the appellants/present respondents
has filed a letter addressed to the appellants calling them to contact
him, but they did not respond.
2.Learned counsel for respondents would submit that the
conditional stay was granted. The conditions were not complied with
except for two occasions.
3.The conduct of the appellants appears that they might
have lost interest in the litigation. The stay is running against the
respondents since 2013. The appellants are even not responding to
their lawyer. They seems to be not diligent. The decree for possession
was passed against them. The suit was filed long back in 2002. Long
time has been passed.
969-ca-11754-2018.odt
(2)
4. Considering the conduct of the appellants, the stay order
dated 11.12.2013 stands vacated.
5.List the matter on 02.11.2023 for appearance of the
appellants and appropriate orders on their failure to appear in the
matter.
6. The notice filed by the counsel issued to the appellants be
taken on record.
Mujaheed//
1 issue framed by the court
Whether the conditional stay order should be considered vacated due to non-compliance and lack of diligence by the appellants.
Antikabai @ Avantiكا Jagannath Pawat and Another
Jagannath Vithoba Kakade and Others
S.G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court