Bombay High Court

M/S. SADA ANAND DEVELOPERS THR. PARTNER MR. SADANAND KRISHNA SHETTYversusSHREE BALAJI REALTY THR. ITS PARTNER MEENAMANI GANGA BUILDERS LLP THR.ITS ANJU UMESH GOEL

Decided: 18 August 2026
Disposal: Allowed

Holding

The Court stayed the operation and implementation of its order dated 18 August 2026 for a period of eight weeks.

Summary

The appellant, M/s. Sada Anand Developers, sought relief against the respondents, Shree Balaji Realty and others, in an appeal before the Bombay High Court. The respondents indicated their intention to file a Special Leave Petition (SLP) before the Supreme Court against the Court's judgment dated 18 August 2026. The appellant opposed any stay of that judgment. The Court considered whether to stay the operation and implementation of its own order pending the filing of the SLP. It held that a stay was appropriate to preserve the status quo while the higher court's jurisdiction is invoked. Consequently, the Court stayed the implementation of its 18 August 2026 order for eight weeks from the date of the order.

Issues considered

Whether the implementation of the Bombay High Court's order dated 18 August 2026 should be stayed pending the filing of a Special Leave Petition before the Supreme Court.

Subjects

stay of execution
special leave petition
appellate jurisdiction
civil procedure
interim relief

Judgment

                                                                  902-AO-627-26 @IA.DOC



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                 APPEAL FROM ORDER NO. 627 OF 2026
                               WITH
                INTERIM APPLICATION NO. 4389 OF 2026
                                IN
                 APPEAL FROM ORDER NO. 627 OF 2026


M/S. Sada Anand Developers
Thr. Partner Mr. Sadanand
Krishna Shetty                                        ...Appellant
       Versus
Shree Balaji Realty Thr. Its
Partner Meenamani Ganga
Builders Llp Thr.Its Anju
Umesh Goel                                            ...Respondents

                                  _______
Mr. Sanjeev Kadam, Senior Advocate a/w. Mr. Swapnil Chopade,
a/w. Mr.Gaurav Dande a/w. Ms. Varsha Thorat, for Appellant.
Mr. Jaydeep Deo, for Respondents.
                                       _______

                          CORAM:           AARTI SATHE, J.

                               DATE:       27 AUGUST 2026
P.C.

1.         Learned counsel for the Respondent submits that the Respondent

intends to file a Special Leave Petition before the Hon’ble Supreme Court against

the Judgment/order dated 18th August 2026 passed by this Court.

2.         Learned Senior Advocate Mr. Sanjeev Kadam has opposed the request

of staying the judgment/order dated 18 August 2026.




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                                                             902-AO-627-26 @IA.DOC



3.        In view thereof, the operation and implementation of the order dated

18 August 2026 passed by this Court shall remain stayed for a period of eight

weeks from today.




                                        (AARTI SATHE, J.)




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