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2020 Supreme(Bom) 751

V.L.ACHLIYA
Gitabai Bhagwan Pardeshi @ Geetabai Sanjay Rajput – Appellant
Versus
Hirkanbai Aadhar Patil – Respondent


Advocates Appeared:
Mukul S Kulkarni, Advocate, S.R. Patil, Advocate, A.R. Kale, Advocate

JUDGMENT

V.L. Achliya, J. - Being aggrieved by order dated 18.2.2020 passed by learned Ad Hoc District Judge-3 & Assistant Sessions Judge, Jalgaon, in Regular Civil Appeal No.26/2020, the petitioner - objector preferred this petition under Article 227 of the Constitution of India. By the impugned order, the learned District Judge has rejected the application (Exh.5) seeking stay to order dated 11.2.2020 passed below Exhibit 59 in Regular Darkhast No.11/2017. By order dated 11.2.2020, the executing Court rejected the objection raised under Order 21 Rule 97 of the Code of Civil Procedure by the petitioner - objector to execution of decree passed in Regular Civil Suit No.270/2013 vide judgment and order dated 25.4.2013, which was confirmed by the first appellate Court in Appeal No.272/2013 as well as this Court in Second Appeal No.61/2017.

2. Heard learned counsel for the petitioner, respondent nos.1 to 4 and learned AGP for the respondent no.6. Perused the record and proceedings.

3. Learned counsel for the petitioner strenuously contended that in view of the challenge raised in appeal, the petitioner - objector has made out sufcient cause to stay the execution of decree as well as imp

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