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2021 DIGILAW 1417 (BOM)

Landmark Homes And Estates, Thr v. Hermenegildo Andrade

2021-10-25

MANISH PITALE

body2021
JUDGMENT Manish Pitale, J. - This is an application seeking stay of the decree passed by the trial Court, as confirmed by the Appellate Court during the pendency of the present appeal. 2. By order dated 21.11.2019, this Court has already admitted the present appeal on three substantial questions of law. Despite service, the contesting respondent nos.1 and 2/original plaintiffs have chosen not appear before this Court. 3. Considering the fact that in the absence of interim order, the applicants will face a situation of grave irreparable loss as there is every likelihood of decree being executed and possibility of third party rights being created. This Court is inclined to allow the present application. 4. In view of the above, the application is allowed. Interim relief is granted in terms of prayer clausea. 5. Application stands disposed of.