Advocates:
['ADV KAKODKAR SHAMBHU SATCHIDANAND', '', 'ADV HARSHAD H ARSEKAR', 'ADV AVDHUT S ARSEKAR', 'ADV ALMEIDA MARIO JOAQUIM PINTO', '', 'ADV ALMEIDA MARIO JOAQUIM PINTO']

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 560 OF 2014

SHRI SAYED SADIK SHA MUZAWAR REP.

HEREIN BY HIS P.O.A. SHRI SAIAD

NAZIR XA MUZAVOR

... Petitioner

Versus

SMT. MONALINDA MELO E FERNANDES

AND 18 ORS.,

... Respondents

Mr. Kakodkar Shambhu Satchidanand, Advocate for the petitioner.

Mr. Almedia Mario Joaquim Pinto, Advocate for the respondent

Nos.1, 2 & 3.

Coram:- M. S. SANKLECHA, J.

Date:-

21st April, 2015

P.C.

At the request of the counsel for the parties, the petition itself is

taken up for final disposal, at the stage of admission.

2. This petition challenges the order dated 14 August 2014 passed

by the Ad-hoc-III Additional Senior Civil Judge at Margao. By the

impugned order, the petitioner's application for stay of execution

under Order XXI Rule 29 of the Civil Procedure Code (hereinafter

referred to as 'C.P.C.'), was dismissed.

3. The impugned order dismisses the application by disregarding the

decision of this court in "Narsidas Nathubhai Vohra vs. Manharsingh

Agarsing Thakar, reported in AIR 1931 Bombay 247" on the ground

that the same is a very old judgment and instead places reliance upon

the decision of some other Courts. This cle