Bombay High Court
SHRAVAN JAYRAM JADHAV DIED LRS. SMT. SULOCHANA AND ORS.versusRAYAT SHIKSHAN SANSTHA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the legal representatives may be brought on record and that an ad‑interim stay of execution is warranted.
Summary
The appellant sought permission to record the legal representatives of a deceased party in a pending second appeal. The court examined the application and, finding merit, allowed it, directing the appellant to amend the title clause within two weeks. In a related application, the appellant requested an ad‑interim stay of execution of a judgment dated 7 January 2017, which was being enforced. The court noted the execution notice, issued a notice to the respondents, and granted the ad‑interim stay pending further hearing. Both applications were thus permitted, with procedural directions issued for amendment and stay.
Issues considered
- Whether the legal representatives of a deceased appellant may be added to the second appeal.
- Whether an ad‑interim stay of execution can be granted pending resolution of the appeal.
Subjects
- legal representatives
- amendment of title clause
- ad‑interim stay
- execution of judgment
- civil application
- second appeal
Judgment
954 CA NO. 5318 OF 2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
954 CIVIL APPLICATION NO. 5318 OF 2023
IN SA/595/2017
Shravan Jayram Jadhav Died Lrs. Smt. Sulochana And Ors.
VERSUS
Rayat Shikshan Sanstha And Another
...
Mr. Dighe Vithal H., Advocate for Applicant
WITH
SECOND APPEAL NO. 595 OF 2017WITH
CIVIL APPLICATION NO. 11919 OF 2017 IN SA/595/2017
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 23.09.2026
PER COURT :-
CIVIL APPLICATION NO. 5318 OF 2023
1. This is an application seeking permission to bring the
legal representatives of deceased Appellant on record.
2. Heard.
3. Perused the application. For the reasons stated therein,
the application is allowed in terms of prayer clause ‘A’. The
appellant is directed to carry out the amendment in the title clause
of the Second Appeal by bringing the legal representatives of
deceased Appellant on record within a period of two weeks from
today.
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(( 2 )) 954 CA NO. 5318 OF 2023
SECOND APPEAL NO. 595 OF 2017
1. Heard.
2. Issue notice to the Respondents, returnable on 26.10.2026.
3. Call Record and Proceedings.
CIVIL APPLICATION NO. 11919 OF 2017
1. Heard learned Advocate for the Applicants.
2. This is an application seeking stay to the execution and
implementation of the Judgment and Decree dated 07.01.2017
passed by the learned District Judge-2, Kopargaon, in R.C.A. No.85 of
2013, whereby the Judgment and Decree dated 23.09.2013 passed by
the learned 2nd Joint Civil Judge, Junior Division, Kopargaon, in
R.C.S. No.29 of 1996, came to be challenged.
3. Learned Advocate for the Applicants pointed out that the
Executing Court has issued a notice for execution of the impugned
Judgment and Decree. He, therefore, prayed for granting ad-interim
stay in terms of prayer clause ‘B’. The said notice is taken on record
and marked as ‘X-1’ for identification..
4. Perused the application as well as the Judgment and Decree
dated 07.01.2017 passed by the learned District Judge-2, Kopargaon,
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(( 3 )) 954 CA NO. 5318 OF 2023
and the Judgment and Decree dated 23.09.2013 passed by the
learned trial Court.
5. Issue notice to the Respondents, returnable on 26.10.2026.
6. Considering the fact that the execution proceedings are
going on, till the returnable date, there shall be an ad-interim relief in
terms of prayer clause ‘B’.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
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