{1} Civil Application No.14926/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14926 OF 2011 IN FIRST APPEAL NO.3150 OF 2011 Bajirao Rama Bachkar & others APPLICANTS VERSUS Tanhabai Bajirao Bachkar RESPONDENT ....... Mr.V.D.Sapkal, Advocate for the applicants Mr.G.V.Wani, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th December 2011 PER COURT: 1. By this application, the applicants / original defendants, have prayed stay to the execution of the impugned judgment and decree dated 06.08.2011 passed by CJSD, Sangamner in SCS No.5/2009. It is prayed that in the suit, a relief was claimed only against respondent No.1 and not against other defendants-present applicants. Original defendant No.1 expired during the pendency of the suit, however, the present respondents, {2} Civil Application No.14926/2011 who were defendants in the suit, though are legal heirs of defendant No.1 yet they were not brought on record in that capacity in the suit, nor any relief was claimed against them, by amending the suit. Considering this legal aspect, prima faice it appears that the decree cannot be executed against the present applicants. In the light of this, stay to the execution of the judgment and decree passed by CJSD, Sangamner in Special Civil Suit No.5/2009 dated 06.08.2011 for 6 weeks. Application is allowed accordingly. [A.V.POTDAR, J.] drp/B11/ca14926-11 {3} Civil Application No.14926/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3150 OF 2011 Bajirao Rama Bachkar & others APPELLANTS VERSUS Tanhabai Bajirao Bachkar RESPONDENT ....... Mr.V.D.Sapkal, Advocate for the appellants Mr.G.V.Wani, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th December 2011 PER COURT: 1. Heard. Admit. Mr.Wani, learned counsel for respondent accepts notice of admission of this appeal. Call for Record and Proceedings. [A.V.POTDAR, J.] drp/B11/ca14926-11