1 CA 1072/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1072 OF 2010 IN WRIT PETITION NO. 5333 OF 1998 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. G.S. Godbole i/b Mr. A.B. Tajane for the applicant. Mr. S.U. Dhakekar for the respondents. CORAM : D.G. KARNIK, J. DATE : 13TH AUGUST 2010 P.C. : 1. Heard. 2. By this application, the applicant prays for vacating of the stay granted by this Court vide order dated 2 December 1998. 3. The applicant is a decree holder. Respondent no.1 resisted the execution of the decree and his obstruction was ordered to be 2 CA 1072/10 removed. Respondent no.1 challenged that order by filing of a writ petition in which stay has been granted vide order dated 2 December 1998. 4. Learned counsel for the applicant submitted that misusing the stay, the respondent has transferred and parted with possession of the suit property. In paragraph 6 of the application, the applicant has stated on oath that the respondent no.1 who was previously carrying on the business in the name and style of “Ankilesh Paper Mart” has transferred the suit premises and one Mr. Mohite who is now in possession and carrying on business in the name and style of “Ambika Enterprises”. The applicant has produced on record the electricity bill as well as the shops and establishment license in the name of Dinkar Namdeo Mohite. 5. By an order dated 6 May 2010, the 3 CA 1072/10 respondents were directed to file a reply on or before 11 June 2010. Till today, no reply has been filed. The facts stated in paragraph 6 of the application are uncontroverted. In the circumstances, the stay granted earlier needs to be vacated. Hence, the civil application is allowed in terms of prayer clause (a). (D.G. KARNIK, J.)