(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.5675 OF 2021

IN

SECOND APPEAL NO.263 OF 2021

1)

The Maharashtra Housing and Area

Development Authority (MHADA)

Through its Secretary,

Mantralaya Mumbai & Ors.

= APPLICANTS

VERSUS

M/s Shiva Enterprises,

Through its Partner -

Dhoopnarayan s/o Rajkara Singh

= RESPONDENT

-----

Mrs.Renuka V.Ghule,Advocate for Applicants;

Mr.JN Singh and Mr. AS Kulkarni, Advocates, for

Respondent.

-----

CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 3

^rd

August, 2021.

PER COURT :-

1.

By this Civil Application, the

applicants-appellants have prayed for stay to the

impugned judgment and decree passed by the learned

First Appellate Court.

2.

The Second Appeal has been admitted by

formulating the substantial questions of law.

Though this is a money decree and the settled legal

position is that a Court should be slow in granting

(2)

blanket stay to such judgment and decree; yet here

substantial amount appears to have been withdrawn

by the plaintiff-respondent after it was deposited

with this Court. At the cost of repetitions, it

can be said that the Appellant – MHADA had deposit

an amount of Rs.35,16,576/- and now the decree that

has been passed and the principal amount is

Rs.37,51,784/-. That means substantial part of the

amount has been deposited.

Taking into

consideration this situation, there is no

hesitation to stay further proceedings in the

Execution Petition before the learned 3^rd Civil

Judge,Senior Division, Dhule till decision of the

Second Appeal. Accordingly, there shall be stay in

terms of prayer clause (F) till final hearing and

disposal of the Second Appeal. The Civil

Application stands disposed of.

(SMT. VIBHA KANKANWADI)

JUDGE

BDV