Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
(CNR NO.MHSCA30006302023 )
ORDER BELOW EXH 10
IN
2A APPEAL NO. 26 OF 2023
IN
RAE & R SUIT NO. 16/29 OF 2004
Mr. Kevin D'souza ...Appellant/
(Original Def. No.1D )
V/s.
Mrs. Joanita Clara Braganza (since deceased)
through her C/A Mr. Fredrick Cyril
Braganza
1(a) Mr. Fredrick Cyril Braganza & Ors …Respondents/
(Original )
Mrs. S. Q. Qureshi: Advocate for the Appellant.
Jyoti Thakkar : Advocate for the Respondents.
Coram : Shri Vilas P. Kadam
Additional Chief Judge,
&
A. H. Baig, Judge,
Court Room No. 41,
Date :11.08.2023
ORDER: (Per A. H. Baig, Judge)
1. This is an application filed by the appellant for grant of ad
interim stay to the execution of decree till the final hearing of the main
stay application.
2. Perused the application and say filed. Heard both the
learned Advocates for the parties.
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3. Admittedly, the appellant is in possession of the suit
premises. The decree has been passed against him. The appellant has
challenged the said decree in this appeal. If before hearing of main stay
application, decree is executed, the very purpose of filing present
appeal will be frustrated. Hence, in our considered opinion, the ad
interim stay is required to be granted in the interest of justice and fair
play till the next date. In result, we proceed to pass following order.
O R D E R
1. The application is allowed.
2. Adinterim stay is granted to execution of decree
passed in RAE & R Suit No. 16/29 of 2004 , till
next date.
I agree,
( Vilas P. Kadam ) ( A.H. Baig )
Additional Chief Judge, Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
11.08.2023 11.08.2023
/home/steno39/Desktop/CR41/AUGUST2023/ORDER/EXH10 2AP APPEAL262023 adinterim stay to ex of decree.odt
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