Nagabai Rama Jawadwad (Dead) Through Lrs Kerabai Panditrao Wallamwad and Ors. v. Lingoji Mashnaji (Gangalwad) Jawadwad and Ors.
Case brief
What is this about?
Interim order of the Bombay High Court (Aurangabad Bench) granting stay of an appellate decree in an eviction/possession dispute. Key elements: stay of judgment and decree dated 31.07.2025 of District Judge-1, Kandhar in Regular Civil Appeal No. 48/2013; pending Second Appeal No. 368 of 2025 (admitted 26.09.2025); Plaintiffs' execution proceedings for possession; restraint on creation of third-party interest by Defendants/Appellants in possession; Respondent No.1's counsel's contention that admission was confined to the question of limitation. Relevant for tracking the status of the decree under challenge and interim possession protection.
What did the court decide?
Stay of the impugned judgment and decree passed by the District Judge-1, Kandhar in Regular Civil Appeal No. 48/2013 dated 31.07.2025 pending hearing and final disposal of Second Appeal No. 368 of 2025, subject to the condition that the Defendants/Appellants in possession shall not create any third-party interest in the meanwhile.