Bombay High Court

Rajendra Zumbar PawarversusShakuntala Subhash Bhosale and ors

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay in filing the second appeal and granted a limited stay of possession, prohibiting the revenue authorities from handing over the suit property until the appeal is decided.

Summary

The applicant filed Civil Application No. 8819 seeking condonation of a four‑day delay in filing a second appeal, and Civil Application No. 8820 seeking a stay of possession of the suit property pending the appeal. The court examined the condonation request and, finding sufficient cause, allowed the application and disposed of it. In the second application, the applicant highlighted a notice from the Circle Inspector indicating that a partition of the property was likely. Considering the facts, the court granted a limited stay, restricting the revenue authorities from handing over possession until the appeal is decided, though they may proceed with measurement and partition suggestions. The court also ordered that notice to the remaining respondents in the second appeal be served by regular and private means, and directed the parties to act on the authenticated copy of the order.

Issues considered

Whether a four‑day delay in filing the second appeal can be condoned.
Whether a stay of possession of the suit property should be granted pending the outcome of the appeal.
Whether revenue authorities may measure and suggest partition but must refrain from handing over possession until the appeal is decided.

Subjects

condonation of delay
stay of possession
second appeal
partition
revenue authority
civil procedure

Judgment

                                                                ca8820.25
                                    -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

              48 CIVIL APPLICATION NO. 8820 OF 2025
                              WITH
               CIVIL APPLICATION NO. 8819 OF 2025
                        IN SAST/22016/2025

                      Rajendra Zumbar Pawar
                              VERSUS
               Shakuntala Subhash Bhosale And Ors
                                 ...
Advocate for Applicant : Mr. More Abhijit S
Advocate for Respondent Nos.1,2,5 and 6 : Mr. Yashwant P. Jadhav
                                 …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 31st AUGUST, 2026

PER COURT :-


1.        The civil application No.8819 of 2025 is filed for

condonation of delay of 4 days caused in filing the second appeal.

Heard learned advocate for the applicant and the respondents.

Perused the application. For the reasons stated in the application, the

same is allowed and disposed of.



2.        In so far as civil application No. 8820 of 2025 is concerned,

learned advocate for the applicant pointed the notice issued by the

Circle Inspector that the partition is likely to be effected.



3.        Considering the peculiar set of facts, it would be proper to

grant stay only to the extent of handing over of the possession.
                                                                ca8820.25
                                  -2-



4.       It is clarified that the Revenue Authorities may carry out the

measurement, suggest the partition but till the decision of the appeal,

they shall not hand over the possession of the suit property.



5.       In   second    appeal,   issue   notice   to   the   remaining

respondents, returnable on 11.09.2026.     In addition to regular mode

of service, at the request of learned advocate for the appellant, he is

permitted to serve the remaining respondents, by private notice, as is

permissible in law.



6.       The concerned to act on authenticated copy of this order.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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