LAWS(BOM)-2010-9-179

BHAUSAHEB BALIRAM KADAM Vs. RAMKISHAN BALIRAM KADAM

Decided On September 15, 2010
BHAUSAHEB BALIRAM KADAM Appellant
V/S
RAMKISHAN BALIRAM KADAM Respondents

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and by consent of learned counsel for the parties, petition is taken up for final hearing at the admission stage.

(2.) BY present petition filed under Article 227 of the Constitution of Indian, the petitioners have prayed that the judgment and order dated 15.7.2009 passed by learned District Judge-2, Ambajogai on application (Exh.5) in Regular Civil Appeal No.89 of 2008, be quashed and set aside, and the application for stay of execution of the impugned decree, filed in R.C.A. No.89 of 2008 pending before Dist.Judge-2, Ambajogai, be allowed.

(3.) AFTER hearing learned counsel for the parties at some length, Mr. R.S.Deshmukh, learned counsel for the respondent-plaintiff, on instructions, made the statement that the respondent-plaintiff shall not file any execution proceedings against the petitioners herein during pendency of R.C.A. No.89 of 2008 before the District Court. The said statement is accepted and taken on record.