Shyam Jaganath Savordekar, Thr. Poa. Prabhakar Naik., Vs Suresh Krishna Shirodkar and 6 Ors. — Bombay HC (2025) — LawSathi Research

Shyam Jaganath Savordekar, Thr. Poa. Prabhakar Naik., Vs Suresh Krishna Shirodkar and 6 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

First Appeal No. 84 of 2017 to be listed on 07.11.2025 and heard together with First Appeal No. 34 of 2019; no express stay or restraint order recorded on the prayers in the Civil Application.

Issue for consideration

Whether the impugned judgment and decree dated 08.03.2017 passed in Civil Suit No. 47/2011 should be stayed and the Respondents restrained from creating any third party right of any nature in the suit property till the First Appeal is finally decided.

Court's answer

Civil Application No. 24 of 2025 stands disposed of, with the Appeal listed for hearing on 07.11.2025; the order records no express decision granting or refusing the prayed-for stay or restraint.

Ratio / Principle

By consensus, First Appeal No. 34 of 2019, filed by the State Government against the same judgment and decree, is to be heard along with First Appeal No. 84 of 2017.

Key takeaways

The Registry is directed to list both the First Appeals (Nos. 84 of 2017 and 34 of 2019) together on 07.11.2025.ratio¶29

Detailed headnote1 paragraphs

High Court of Bombay at Goa (Bharati Dangre, J.) disposed of Civil Application No. 24 of 2025 in First Appeal No. 84 of 2017 (Shyam Jaganath Savordekar thr. POA Prabhakar Naik v. Suresh Krishna Shirodkar and 6 Ors.; the same parties appear as appellant and respondents in the Appeal). The Application had prayed for stay of the judgment and decree dated 08.03.2017 passed by the District Judge-I, South Goa in Civil Suit No. 47/2011 and for restraint against the Respondents creating any third party right in the suit property till final decision of the Appeal. Recording the Respondents' Senior Advocate's categorical statement that no third party interests had been created till date, and that the paper book of the Appeal was ready, the Court directed listing of the Appeal on 07.11.2025 and, by consensus, that First Appeal No. 34 of 2019 filed by the State Government against the same judgment and decree be heard along with it. No express order granting or refusing the stay or restraint was recorded.

CA 24 of 2025

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.24 OF 2025 WITH FIRST APPEAL NO.84 OF 2017

CIVIL APPLICATION NO.24 OF 2025 IN

FIRST APPEAL NO.84 OF 2017

SHYAM JAGANATH SAVORDEKAR, THR. POA. PRABHAKAR NAIK.,

... APPLICANT

Versus

SURESH KRISHNA SHIRODKAR AND 6 ORS., ... RESPONDENTS

WITH FIRST APPEAL NO.84 OF 2017 SHYAM JAGANATH SAVORDEKAR, THR. POA. PRABHAKAR NAIK.,

... APPELLANT

Versus

SURESH KRISHNA SHIRODKAR AND 6 ORS.,

... RESPONDENTS

Mr. Preetam Talaulikar, Advocate for the Applicant.

Mr. Sudesh Usgaonkar, Senior Advocate with Ms. Marie Rosette Pereira, Advocate for the Respondents.

CORAM:- BHARATI DANGRE, J.

DATED :- 19th September, 2025

P.C:

Civil Application 24 of 2025 has prayed for a stay of the impugned judgment and decree dated 08.03.2017 passed by the District Judge-I, South Goa in Civil Suit No. 47/2011 and a restraint order is sought against the Respondents by restraining them from creating any third party right of any nature in the suit property till the

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19th September, 2025

CA 24 of 2025

First Appeal is finally decided.

Mr. Usgaonkar categorically make a statement that till date, no third party interests have been created. He would therefore request an expeditious hearing of the Appeal.

Since it is informed that the paper book of the Appeal is already prepared, I direct the listing of the Appeal on 07.11.2025.

By consensus, it is directed that First Appeal No. 34 of 2019, which is filed by the State Government against the same judgment and decree, be heard along with the present Appeal.

The Registry is directed to list both the First Appeals together on 07.11.2025.

CA No. 24 of 2025 stands disposed of.

BHARATI DANGRE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 19/09/2025 16:55:31

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19th September, 2025