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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.4591 OF 2021

IN

FIRST APPEAL NO.660 OF 2021

1.

Kashida Developers Private

Ltd., Through its Directors -

1-A.Sandip s/o Omprakash Koyate

and Ors.

= APPLICANTS]

(Orig.Defendants)

VERSUS

N.P.S.Infrastructure through

its Owner -

Shri Neeraj s/o Prafulla Shaha

= RESPONDENT

(Orig.Plaintiff)

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Mr.RN Dhorde, Sr.Counsel i/by Shri VR Dhorde,

Advocate for Appellants;

Mr.PV Mandlik, Sr.Counsel, i/by Shri AS Gandhi,

Advocate for Respondent.

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CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 1

^st

July, 2021.

PER COURT :-

1.

Heard learned Sr.Counsel for the

respective parties.

2.

Present application has been filed for

stay to the execution and implementation of the

judgment and decree dated 9.9.2020 passed by

learned Civil Judge, Senior Division, Rahata,

District Ahmednagar in Special Civil Suit No.

12/2019 (Old Special Civil Suit No.68/2012).

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3.

Learned Sr.Counsel appearing for the

applicants-original defendants submitted that the

impugned judgment suffers from many illegalities

right from the point of jurisdiction. The learned

Trial Judge has failed to apply proper legal