Bombay High Court

Sandhya Wo Venkatrao Kandharkar and orsversusSapana Bapurao Ratolikar and ors

Disposal: APPLICATION ALLOWED

Holding

The court granted a conditional stay of execution and, in the interest of justice, condoned the delay, allowing the appeal to proceed.

Summary

The applicants filed a civil application seeking a stay of execution of a judgment and decree, and a separate application for condonation of a 40‑day delay in filing an appeal. The court, after hearing counsel, granted ad interim relief by staying the execution on the condition that the applicants deposit fifty percent of the amount due, together with interest, within four weeks, failing which the stay would be vacated. The court also issued a show‑cause notice to the respondents regarding the stay application. Regarding the delay, the court found no deliberate neglect and, in the interest of justice, condoned the delay, allowing the appeal to be registered. Notices were issued to the respondents for both matters, with further hearing fixed for 24 September 2026.

Issues considered

What is the appropriate basis for granting a stay of execution of the judgment and decree?
Whether a delay of forty days in filing the appeal can be condoned under the principles of justice.

Subjects

stay of execution
condonation of delay
ad interim relief
civil appeal
procedural justice

Judgment

                                      (1)                  994 ca 9415.26

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

         994 CIVIL APPLICATION NO. 9415 OF 2026 IN SAST/668/2026
                 WITH CIVIL APPLICATION NO. 9414 OF 2026

               SANDHYA VENKATRAO KANDHARKAR AND ORS
                               VERSUS
                  SAPANA BAPURAO RATOLIKAR AND ORS

                                      …..
                Advocate for the Applicants : Ms. P. G. Sontakke
                                      …..

                                CORAM :      SANJAY A. DESHMUKH, J.
                                DATE :       20.08.2026

P.C.:-

1.            This is an application for granting stay to the execution of the

impugned judgment and decree.


2.            Perused the application.   Heard the learned advocate for the

applicants.


3.            Considering the peculiar set of facts, there shall be ad interim

relief in terms of prayer clause-B on the condition that the applicants shall

deposit 50% of the amount along with accrued interest thereon in this Court

within four weeks. If the amount is not deposited within four weeks, the ad

interim relief granted by this Court shall be vacated.


4.            Issue show cause notice to the respondents as to why the
                                       (2)                   994 ca 9415.26

application should not be allowed in terms of prayer clause-B. Stand over

24.09.2026.


5.            Parties to act upon an authenticated copy of this order.



Civil Application for delay:

6.            This is an application for condonation of delay of 40 days caused

in filing the appeal.


7.            Perused the application.       Heard the learned advocate for

applicants.


8.            On perusal of the application, it appears that the delay has not

been deliberately caused.      Therefore, in the interest of justice, the delay

deserves to be condoned.


9.            For the reasons stated in the application, the delay stands

condoned. The application stands allowed in the interest of justice. Appeal

be registered.


Appeal:

10.           Issue notice to the respondents, returnable on 24.09.2026.


                                                  [SANJAY A. DESHMUKH, J.]

mubashir

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