High Court granted a stay on the trial court decree and first appellate order regarding possession of suit property, subject to maintaining status quo and avoiding third-party rights, pending the disposal of the appeal.
Stay of the decree dated 23 April 2010 and judgment dated 7 December 2022 during pendency of appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
k 1/2 44 ia 17785.23 in sa 443.23 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.17785 OF 2023 IN
SECOND APPEAL NO.443 OF 2023
Dattatray Gopal Mhatre ....Appellant/Applicant V/S Neerabai Tukaram Mhatre & Ors. ....Respondents
Mr. Rohit D. Joshi for the Appellant/Applicant. Mr. Suyash Sule a/w Mr. Drupad S. Patil for Respondent.
CORAM: SANDEEP V. MARNE, J. DATE : JANUARY 3, 2024.
P.C.:
The Interim Application is filed seeking stay of the orders of the Trial Court and the First Appellate Court. The Appeal is already admitted by passing a separate order. It is undisputed position that the Defendants are in possession of the suit property. It also appears that during pendency of the Appeal before the First Appellate Court, the decree of the Trial Court directing possession was suspended. In that view of the matter, there shall be stay to the decree dated 23 April 2010 passed by the 3rd Joint Civil Judge Junior Division, Alibagh and to the judgment and order dated 7 December 2022 passed by the District Judge-3, Raigadh in Civil Appeal No.64 of 2010 during pendency of the Appeal subject to the condition that the parties shall maintain status quo and shall not create
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k 2/2 44 ia 17785.23 in sa 443.23 as.doc
any third party rights in respect of the suit property. The Interim Application is accordingly disposed of.
(SANDEEP V. MARNE, J.)
Digitally
signed by
SUDARSHAN
SUDARSHAN RAJALINGAM
RAJALINGAM KATKAM
KATKAM Date:
2024.01.06
11:37:58
+0530
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1 issue framed by the court
Whether to grant a stay on the decree and judgment of lower courts during the pendency of the appeal.
Dattatray Gopal Mhatre
Neerabai Tukaram Mhatre
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
