RAMDAS S/O SHRIPAT CHAUDHARY Vs. SUNIL RAGHUNATH CHAUDHARY (DECEASED) THR. LRS. SMT. KALPANA SUNIL CHAUDHARY

JUDGEMENT

(1.) Present appeal has been filed by the original defendant challenging the concurrent judgment and decree passed by the Courts below.

(2.) Present respondent No.1 was the original plaintiff, who had filed Special Civil Suit No.46 of 2011 before the learned IInd Joint Civil Judge Senior Division, Dhule for partition, possession and perpetual injunction. The said suit came to be decreed on 13/12/2012. The said decree was challenged by original defendant by filing Civil Appeal No.9 of 2013. The said appeal was dismissed by learned Adhoc District Judge-1, Dhule on 02/02/2017. Hence, this second appeal. Both the civil applications have been filed for stay to the impugned decrees. In fact, when Civil Application No.3345 of 2017 was filed, it appears that the matter was not taken up for even circulation by the appellant, but then during the pendency of the appeal and the application, final decree proceedings were taken up before the Executing Court and, therefore, Civil Application No.8155 of 2021 has been filed.

(3.) Heard learned Senior Counsel Mr. P. V. Mandlik for the appellant and learned Advocate Mr. Mukul S. Kulkarni for respondent Nos.1 to 3.