Created by Fuzzy Cloud

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.




                                                                  1 of 3
                                    (( 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,



                                                                2 of 3
                                    (( 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




                                                                   3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.